How does a fast-track trial for a minor offense work? Everything you need to know

Imagine that one day, without prior notice, you receive a court summons because someone has reported you for a minor offense (delito leve). The notification might arrive at your home, or the police might even deliver it by hand. You read the document, but the legal jargon is confusing. They tell you it will be a “speedy trial,” and doubts begin to crowd your mind:

• What does a “speedy trial” actually mean?

• Will I end up with a criminal record?

• Do I need a criminal defense lawyer?

• Can I defend myself?

Fear and uncertainty can be paralyzing. You might think it is not serious because it is labeled as a “minor” offense, but the truth is that any judicial process can have consequences that affect your future. A heavy fine, a conviction, or even the possibility of a criminal record are sufficient reasons to take the matter seriously.

The good news is that a speedy trial for a minor offense (juicio rápido por delito leve) is a streamlined procedure and, if you know how to handle it, you can achieve a favorable outcome.

In this article, I will explain step-by-step what a speedy trial is, when it applies, and what you should do to face it successfully.

What is a Speedy Trial and When is it Applicable?

A speedy trial is a judicial procedure designed to expedite the processing of less serious crimes when the evidence is clear and the case can be resolved in a short time. It is regulated by the Criminal Procedure Law (Articles 795 to 803)and aims to prevent certain cases from clogging the courts with long and unnecessary formalities.

This procedure does not apply to all crimes, but only to those that meet specific requirements.

When is a speedy trial applied?

For a case to be handled through a speedy trial, the following criteria must be met:

1. Sentence limits: The offense must carry a maximum penalty of five years in prison, or penalties such as fines, community service, or the suspension of permits/licenses.

2. In flagrante delicto: The crime must have been “flagrant,” meaning the alleged perpetrator was caught in the act or immediately after.

3. Clear evidence: There must be clear and compelling evidence regarding the authorship of the crime (witnesses, recordings, police reports, etc.).

4. Initiation: The process must start via a police report (atestado) or complaint, and it must be possible to bring it before the court quickly.

5. Simplicity: There should be no significant complexity in the investigation.

In minor offenses (delitos leves), which were formerly known as misdemeanors (faltas), the process is even faster; in many cases, the trial can be held on the same day or within a maximum of 72 hours at the Duty Court (Juzgado de Guardia).

Examples of Crimes Judged via Speedy Trial

The most common offenses processed through this procedure include:

• Thefts and robberies without violence involving amounts under 400 euros.

• Driving under the influence of alcohol or drugs.

• Minor injury offenses not requiring hospitalization.

• Minor threats or coercion.

• Resistance to authority.

• Vandalism or minor property damage.

• Gender-based violence in cases where the assault did not cause serious injury.

What are the Advantages of a Speedy Trial?

This procedure offers several benefits for both the accused and the justice system:

• Swift resolution: Prevents the case from dragging on for months or years.

• Less bureaucracy: Reduces judicial filings and appeals.

• Possibility of sentence reduction: If the accused pleads guilty (conformidad), they can benefit from a reduction of up to one-third of the sentence.

• Lower costs: A shorter process reduces legal expenses.

Note: There are also risks. If the accused does not have proper legal advice, they might accept a conviction without exploring other defense options.

The Procedure: Step-by-Step

This process is much more agile than an ordinary trial. The case is often resolved in a single day.

1. Receipt of the Summons: You will receive a notification indicating when and where the trial will take place. If you are detained, the hearing may happen the same or the next day in the Duty Court.

2. Attendance: The defendant, the complainant, witnesses (if any), the Public Prosecutor, and a defense lawyer should be present.

3. The Hearing: The judge hears both parties and witnesses. Evidence is presented, and each side argues their version of events.

4. Same-Day Sentencing: The judge may issue a sentence immediately or within a maximum of three days.

Do I Need a Criminal Defense Lawyer?

While it is not always mandatory for certain minor offenses, it is highly recommended. An expert lawyer can help you:

• Avoid unfair convictions.

• Negotiate a reduction in the penalty.

• Appeal the sentence if you disagree with the ruling.

Tips if You Face a Speedy Trial

1. Read the summons carefully: Understand exactly what you are being accused of.

2. Do not miss the trial: If you fail to appear, you can be tried in absentia (en rebeldía), and a sentence will be issued without your version of the facts.

3. Consult a lawyer immediately: Even if not mandatory, legal counsel makes a difference.

4. Prepare evidence: Bring any proof or witnesses that support your innocence or mitigate your liability.

5. Stay calm: Your attitude can influence the court’s perception.

6. Consider an appeal: If the ruling is unfavorable, you have five days to appeal before the Provincial Court (Audiencia Provincial).

Frequently Asked Questions (FAQs)

1. How long does it take to resolve? Usually on the same day or within a maximum of three days.

2. Is a lawyer mandatory? Not in all minor offenses, but it is the best way to ensure a proper defense.

3. What if I don’t show up? You can be convicted in absentia.

4. What are the common penalties? Fines, community service, or, in some cases, prison terms of less than three months.

5. Can I appeal? Yes, within five days of receiving the sentence.