If you are arrested in Spain, the first thing to know is that the law protects you from the very first minute. You have the right to remain silent, to be assisted by a lawyer, to have your family informed and not to be held for longer than is strictly necessary. Knowing these rights and using them properly makes a real difference to what happens next.
In this article we explain, in practical terms, what rights you have, how long you can be held, what to do (and what not to do) at the police station and what happens when you are brought before the judge.
Your rights as a detained person
Article 17 of the Spanish Constitution and Article 520 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) require the police to inform you in writing, in plain language and in a language you understand, of the facts you are accused of, the reasons for your arrest and your rights. You may keep that document with you throughout your detention. Your main rights are:
- To remain silent: not to make a statement, not to answer some of the questions, or to say that you will only give a statement before the judge.
- Not to incriminate yourself and not to plead guilty.
- To appoint a lawyer of your choice or, if you do not, to be assisted by a duty lawyer (abogado de oficio).
- To have access to the parts of the case file that are essential to challenge the lawfulness of your detention.
- To have a relative or a person of your choice informed that you have been detained and where, and to make one telephone call to a third party (in the presence of an officer).
- If you are a foreign national, to have your consulate notified of your detention and to receive visits from it.
- A free interpreter if you do not speak or understand Spanish well.
- A medical examination by the forensic doctor (médico forense) or another appropriate doctor.
- To apply for free legal aid (asistencia jurídica gratuita) if you meet the requirements.
They must also tell you the maximum length of your detention and how you can challenge it.
How long you can be held
Detention may only last for as long as is strictly necessary for the investigation. In any event, within a maximum of 72 hours you must be released or brought before a judge (Art. 17.2 of the Constitution and Art. 520.1 LECrim). The 72 hours are a ceiling, not an entitlement for the police to use them up.
If you believe your detention is unlawful — because there are no grounds for it, because it is being prolonged without justification or because your rights are not being respected — your lawyer can apply for habeas corpus (Organic Act 6/1984) so that a judge immediately reviews your situation.
Your lawyer: when they arrive and what they do for you
You are free to choose your own lawyer. No officer may recommend a particular one. Once instructed, the lawyer must attend the place of detention within a maximum of three hours (Art. 520.5 LECrim).
Their assistance includes something very important: a private consultation with you before you make any statement to the police, the public prosecutor or the judge (Art. 520.6.d). They also take part in your interview, in identity parades and in reconstructions, explain what it means to agree to or refuse tests (for example, the taking of samples) and record any irregularity.
Only when you are arrested exclusively for road traffic offences can you waive your right to a lawyer, and even then you can change your mind at any time. Our advice: do not waive it.
If you need us to come to the police station, see our 24-hour lawyer for people arrested in Alicante service.
What to do if you are arrested, step by step
- Stay calm and do not resist. Resisting or confronting the officers can add an offence of resisting or assaulting an officer to your situation.
- Identify yourself when asked. Giving your identity is not the same as making a statement about the facts.
- Ask for a lawyer immediately and, if you have one you trust, give their name and phone number.
- Remain silent until you have spoken to your lawyer. It is enough to say: “I wish to exercise my right not to make a statement until I have spoken to my lawyer.”
- Read everything before signing. If you do not understand something or do not agree, do not sign, or have your objection recorded.
- Ask for your family to be informed and, if you are a foreign national, your consulate. Do not discuss the case over the phone.
- Ask for a doctor if you are injured, take medication or feel unwell.
- Remember what happens: times, names, what you are told. Tell your lawyer during your private consultation.
What happens after the police station
If you are not released from the police station, you will be taken before the duty court (juzgado de guardia), which since Organic Act 1/2025 is the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia) on duty (formerly the investigating court, or juzgado de instrucción). Several things can happen there:
- Release without conditions, remaining at the court’s disposal.
- Release with precautionary measures: an obligation to report periodically, surrender of your passport, a ban on approaching someone…
- Pre-trial detention (prisión provisional), only if the requirements of Article 503 LECrim are met and after a hearing at which your lawyer can oppose it (Art. 505). We explain this in differences between pre-trial detention and a final sentence.
- Speedy trial (juicio rápido): for certain offences (drink-driving, theft, robbery, criminal damage…) the case can be processed and even concluded with a plea agreement (conformidad) at the duty court itself. Read more about the speedy trial in Alicante before agreeing to anything.
If the detention order or any measure seems unfair to you, it can be appealed, and your lawyer can ask for it to be reviewed if circumstances change.
Common mistakes to avoid
- Giving explanations “to clear everything up” before speaking to your lawyer. Whatever you say goes into the police report (atestado).
- Talking about the case with other detainees or over the phone.
- Signing without reading or accepting a plea agreement without understanding its consequences (a criminal record, loss of your driving licence, expulsion from Spain in the case of foreign nationals).
- Withholding information from your lawyer. What you tell them is confidential (Art. 520.7 LECrim) and they need it to defend you.
- Thinking that, because it is something minor, you do not need a lawyer. A conviction, however small, leaves a criminal record.
If you are a foreign national or on holiday in the province, you have the same rights and a few more (an interpreter and your consulate). We explain this on our page about our criminal lawyer for foreigners service.
Frequently asked questions
Can they take my statement without a lawyer?
No, unless you have waived your right to a lawyer when arrested exclusively for traffic offences. As a general rule, a detained person’s statement requires the assistance of a lawyer, and you have the right to speak to them in private beforehand.
Does being arrested mean I will be convicted?
No. Arrest is a provisional measure. You are still protected by the presumption of innocence and only a final judgment can find you guilty.
What if they do not let me call anyone?
Tell your lawyer as soon as they arrive. They can have it recorded and, if your rights have been breached, challenge the detention or apply for habeas corpus.
If you or a member of your family has been arrested in Alicante or its province, call us on 607 449 491 (also WhatsApp, 24 hours). We will listen, explain what is happening and come as soon as possible to assist you.
