What to Do If You Are Arrested: Rights and Steps to Follow

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Imagine this scenario: you are going about your day as usual, perhaps at work, at home, or on your way somewhere, when suddenly the police approach you. You are arrested. It’s a moment of complete confusion, where it’s easy to panic and not know how to react. What does being arrested actually mean? What rights do you have in this critical moment? What steps should you take to protect yourself legally? A lack of information can work against you, and what you do in those first few minutes can directly impact the outcome of your situation.

It’s essential that, in the event of an arrest, you stay calm and act strategically. The law is on your side: specific rights protect anyone who is arrested, and knowing how to assert them can help you face the process with greater confidence. In this article, we will clearly and simply explain what to do if you are arrested, what your rights are as a detainee, and the steps to take to ensure that your actions do not complicate your legal situation. Additionally, we’ll help you understand how a criminal defense lawyer can be your greatest ally during this critical time.

Rights of Detainees: Know Your Legal Protection

When you find yourself in a situation of detention, it’s crucial to understand that you are not defenseless. Spanish law establishes a series of fundamental rights designed to protect anyone in this situation, regardless of the severity of the charges they face. These rights are inalienable and must be respected at all times by the authorities. Below, we explain each of them in detail:

Right to Information: Why You Are Being Detained
From the moment you are detained, you have the right to be clearly and precisely informed of the reasons for your detention and the charges against you. This means the police must explain what crime you are allegedly involved in and the charges under which you are being detained.

This right not only includes verbal explanations but also implies your right to access the evidence or accusations used against you.
If you don’t understand the language, the law guarantees your right to an interpreter to help you comprehend all the information provided.
If this information seems ambiguous or is not provided, your lawyer can demand it on your behalf.

Right to Remain Silent: Protect Your Defense
The Spanish Constitution, in Article 24, enshrines the right not to testify against yourself or confess guilt. This right means:

You are not obligated to answer questions or make statements to the authorities without your lawyer present.
You can choose to remain silent at any point during the process, even if you’ve already started answering questions.

It’s important to understand that anything you say during your detention can be used against you in court. Therefore, if you’re unsure what to say, the most prudent course of action is to remain silent until you have the guidance of a criminal lawyer.

Right to Legal Assistance
One of the most important rights you have as a detainee is the right to a lawyer. You can choose a trusted lawyer, or if you don’t have one, a court-appointed lawyer will be provided to you free of charge. This lawyer will accompany you throughout the detention process, including:

Reviewing any documents you are asked to sign.
Assisting you during interrogations.
Ensuring that your rights are respected at all times.

If you feel that the court-appointed lawyer is not adequately defending your interests, you have the right to request a change and select a trusted lawyer. An experienced criminal lawyer will be your best support in these critical moments.

Right to Notify Someone of Your Detention
After your detention, you have the right to inform a trusted person about your situation. This may include:

Calling a family member, partner, or friend to let them know you have been detained.
If you are a foreigner, requesting that your consulate or embassy be informed, as they can provide additional support.

This right is especially important as it allows someone to know where you are and to contact a lawyer or assist you in the process. If the authorities do not allow this communication, they are violating a fundamental right that your lawyer can report.

Right to Dignity and Freedom from Mistreatment
Being detained does not mean losing your dignity as a person. Authorities are required to treat you with respect and cannot subject you to physical or psychological violence. This includes:

Prohibition of beatings, threats, or degrading treatment.
Guarantee of adequate conditions in the cell or detention area, such as access to water, food, and rest.

If at any point you feel that this right has been violated, it’s essential to inform your lawyer so they can file a corresponding complaint. Any abuse by the authorities can lead to sanctions against them and positively impact your defense.

Right to a Fair Trial
Although this right extends beyond the initial detention, it’s important to mention it. You have the right to be tried impartially, with all procedural guarantees, and under the presumption of innocence. This means:

You cannot be declared guilty without sufficient evidence.
Any irregularity during your detention or interrogation can invalidate the evidence against you.

The criminal lawyer assisting you will ensure that this right is upheld, making sure there are no legal violations that could harm your case.

Summary of Your Rights
At any moment during detention, remember these key principles:

You have the right to know why you are being detained.
You are not obligated to make statements without your lawyer.
No one can mistreat or pressure you.
You can contact someone you trust and your consulate if you are a foreigner.
A criminal lawyer will assist you at every step of the process.

Knowing these rights not only gives you peace of mind but also allows you to take control of a complicated situation. If you feel any of these rights have been violated, it’s crucial to inform your lawyer immediately so they can take the necessary legal steps in your defense.

Key Steps to Follow If You Are Detained

When facing detention, it’s normal to feel disoriented or even scared. However, staying calm and following certain steps can make the difference between a manageable process and one that becomes unnecessarily complicated. Below, we outline the key steps you should take to protect yourself in this situation:

Stay Calm and Avoid Resisting
One of the most common mistakes when being detained is reacting impulsively or violently. This can worsen your situation, as resisting detention may be interpreted as an additional offense, such as resisting authority. It is important to:

Control your emotions. Although the situation is stressful, maintaining composure will help you think clearly.
Avoid arguing with officers. You can express your rights, but avoid being hostile or confrontational, as this could escalate the situation.

Remember: maintaining a respectful attitude does not mean giving up your rights. It’s a way to avoid further problems.

Request Your Right to a Lawyer
From the moment of your detention, you have the right to legal assistance. If you have a trusted lawyer, request that they be contacted. If you do not have one, the police are required to provide you with a court-appointed lawyer.

Why is having a lawyer from the start important?

Your lawyer will be present during any statement or interrogation, ensuring that no improper questions are asked or that your rights are violated.
They will clearly and simply explain your legal situation, the charges you face, and how to proceed.

Don’t hesitate to exercise this right immediately. An experienced criminal lawyer is your best ally in this critical moment.

Do Not Sign Anything Without Reading It Carefully
During the detention process, the authorities may present documents for you to sign, such as your statement or the detention record. It is essential to:

Read everything carefully. Do not rush or allow yourself to be pressured.
If you have doubts about the content, wait for your lawyer’s arrival before signing anything.

Signing something without fully understanding it can have serious legal consequences. If you feel pressured to sign, inform your lawyer as soon as possible.

Remain Silent Until Your Lawyer Arrives
One of your most important rights is the right to remain silent. Even if the police try to obtain information from you, you are not obligated to answer questions without your lawyer present. Remember:

Speaking without legal advice can harm your defense. Even an apparently innocent comment can be used against you.
Do not try to explain your version of events at that time. It is better to wait for your lawyer to guide you on how and when to speak.

A good criminal lawyer will help you formulate your defense appropriately, avoiding mistakes due to nervousness or lack of knowledge.

Take Note of Any Irregularities
If you observe improper behavior by the authorities during your detention, it’s essential to mentally or physically record it (if possible). These irregularities may include:

Excessive use of force.
Failure to inform you of the reasons for your detention.
Obstructing your communication with a lawyer or a family member.
Degrading treatment or inadequate conditions in the detention area.

Inform your lawyer of any incidents so they can take the necessary legal steps, such as filing a formal complaint or using this information as part of your defense.

Inform a Trusted Person
You have the right to notify a family member, partner, friend, or trusted person about your detention. This communication is vital to ensure someone knows your whereabouts and can assist you with the next steps, such as contacting a lawyer or attending the process.

If you are a foreigner, you can also request that your consulate be informed. Consulates can provide additional support, such as legal and logistical assistance during your detention.

Cooperate Within Legal Limits
Cooperating with the authorities does not mean giving up your rights, but it does involve following basic procedures to avoid unnecessary conflicts. For example:

Provide your identification when requested.
Follow basic instructions from officers, such as getting into the police vehicle or answering questions about your identity.

However, remember that you are not obligated to testify about the charges against you without your lawyer present.

Take a Proactive Approach to Your Defense
While detained, it’s important to take an active approach to protect your rights. This includes:

Respectfully asking questions if you have doubts about the procedure.
Ensuring the maximum detention time (72 hours) is not exceeded before being presented to a judge.
Informing your lawyer of any details you consider relevant to your defense.

A criminal lawyer will be there to ensure the process is fair and transparent. Trust their experience to guide you through this challenging time.

Summary: Key Steps to Follow

Stay calm and avoid resisting. A calm attitude can help you avoid additional problems.
Demand your right to a lawyer. This is one of the most important steps to protect yourself.
Do not sign documents without reading them. Always wait for your lawyer before signing anything.
Remain silent. It’s better not to speak without proper legal advice.
Take note of irregularities. Any violation of your rights should be reported.
Inform someone you trust. Keep your family or friends informed of your situation.
Cooperate without compromising your rights. Follow basic procedures, but don’t feel obligated to testify.
Be proactive with your defense. Work closely with your lawyer to ensure a fair process.

Knowing what to do if you are detained is key to protecting yourself and ensuring your rights are respected. Acting informed and calmly can make the difference between a manageable experience and a process full of complications. Remember, having a trusted criminal lawyer is essential for navigating this process with confidence.

What Can a Criminal Defense Lawyer Do for You?

A criminal defense lawyer is your greatest ally when facing detention or any criminal process. Their role goes beyond accompanying you in critical moments; their expertise and specialized knowledge in criminal law can make the difference between a favorable resolution and severe legal consequences. Here, we explain in detail how a criminal defense lawyer can help you at every stage of the process:

Advising You From the Start
From the moment you are detained, the criminal lawyer is responsible for ensuring that all your legal rights are respected. This includes:

Clearly and simply explaining the charges against you.
Helping you understand the scope of the evidence presented by the authorities.
Clarifying what you can and cannot do or say during detention.

This initial advice is crucial, as many mistakes detainees make occur due to ignorance or impulsive actions. A good criminal defense lawyer will give you the tools you need to act confidently.

Ensuring Your Rights Are Respected
One of the main functions of a criminal defense lawyer is to ensure that authorities do not violate your rights during detention or in subsequent stages. This includes:

Ensuring the right to remain silent is upheld.
Verifying that there are no degrading treatment or abuses by the authorities.
Demanding that detention does not exceed the maximum 72-hour limit before being brought before a judge.

If any irregularities are detected, the criminal defense lawyer can document them and use them as arguments in your defense.

Representing You During Interrogations
During detention, the authorities will likely attempt to obtain information through an interrogation. This is a delicate moment where any statement you make can directly influence your case. Here’s why the presence of a criminal defense lawyer is indispensable:

They protect you from improper or manipulative questions. Authorities cannot force you to testify against yourself, and the lawyer will ensure this is respected.
They prevent harmful statements. The lawyer will guide you on what to say and what not to say, protecting your interests at all times.
They document any irregularities. If the interrogation does not comply with legal guarantees, the lawyer can challenge it later.

Reviewing the Evidence Against You
A criminal defense lawyer is skilled in meticulously analyzing the evidence presented by the prosecution or authorities. This analysis includes:

Verifying the legality of the evidence. For example, if any evidence was obtained irregularly (such as a search and seizure without a warrant), the lawyer can request it be declared inadmissible.
Identifying inconsistencies. An experienced lawyer knows how to spot contradictions or weaknesses in the evidence that can be used in your favor.
Requesting additional evidence. If they believe key elements to prove your innocence are missing, the lawyer can request further investigations.

Building a Solid Defense Strategy
Every criminal case is unique, and a good criminal defense lawyer knows that an effective defense requires a strategy tailored to the specific circumstances of your case. This includes:

Thoroughly studying your situation. The lawyer will analyze the facts, evidence, and statements to determine the best line of defense.
Identifying mitigating or extenuating circumstances. For example, if you acted in self-defense or under exceptional circumstances, the lawyer can argue this to reduce or eliminate your legal responsibility.
Preparing you for trial. If the case goes to trial, the lawyer will explain how to act, what to expect, and how to respond to questions from the judge or prosecution.

Representing You Before the Judge
If your case proceeds to a criminal trial, the criminal defense lawyer will represent you before the judge or tribunal. Their role at this stage is crucial, as they will:

Present strong arguments in your defense based on evidence and legal foundations.
Challenge evidence or testimonies presented by the prosecution to discredit them.
Defend your interests firmly, ensuring the process is fair and equitable.

The primary goal of the lawyer at this stage is to achieve acquittal or, if not possible, the lowest penalty for you.

Managing Appeals and Remedies
If the trial outcome is unfavorable, the criminal defense lawyer can continue fighting for you through legal remedies, such as:

Appeals: If they believe the trial had irregularities or errors, they can request another court to review the case.
Constitutional Complaints: If your fundamental rights were violated during the process, the lawyer can take the case to the Constitutional Court for justice.

This post-trial follow-up is essential to exhaust all legal possibilities and seek a favorable outcome.

Supporting You Throughout the Emotional and Legal Process
Beyond their technical role, a good criminal defense lawyer understands that facing a criminal process can be emotionally taxing. Therefore, they:

Provide emotional support. Knowing you have an experienced professional by your side can give you peace of mind and confidence.
Answer your questions at every stage. They will explain each step of the process in simple terms, ensuring you don’t feel lost or uninformed.
Represent you with integrity. Their commitment is to ensure you receive a fair defense, no matter the circumstances.

Tips to Avoid Common Mistakes

When detained, it’s easy to make mistakes due to nervousness, lack of information, or pressure from authorities. These errors can complicate your legal situation, so it’s essential to act cautiously and make informed decisions. Below are practical tips to help you avoid the most frequent mistakes people make when detained:

Don’t Say More Than Necessary
One of the most common mistakes is trying to explain or justify yourself before consulting a lawyer. While it might seem like you’re helping to clarify the situation, anything you say can be used against you. Remember:

You have the right to remain silent. You are not obligated to answer any questions without your lawyer present.
Even informal or seemingly innocent comments can be misinterpreted or used against you.

The best course of action is to wait for your lawyer before making any statements.

Don’t Sign Documents Without Reading Them
Authorities often present documents for you to sign, such as detention records or statements. Signing without understanding the content can have serious legal consequences.

Read every document carefully.
If you have doubts about the content, request your lawyer’s presence before signing.
If you feel pressured to sign, stay calm and explain that you won’t sign anything without legal advice.

Don’t Lose Your Composure
Detention can be an intimidating experience, but staying calm is key to avoiding further problems. If you react aggressively or resist:

You could face additional charges, such as resisting authority.
You could worsen how the authorities perceive you, potentially influencing how you’re treated.

Even if you feel frustrated or angry, take a deep breath and maintain a calm, respectful attitude.

Don’t Assume You Understand the Procedure
Many people make mistakes because they believe they know how detentions and legal procedures work. However, criminal law can be complex, and every case is unique. For this reason:

Avoid making decisions based on assumptions.
Let your criminal lawyer guide and advise you on the correct steps to take.
Trust in your lawyer’s experience to avoid errors that could harm your case.

Don’t Withhold Information From Your Lawyer
Sometimes, people feel embarrassed or afraid to share certain details with their lawyer, especially if they believe it could harm their case. However:

Your lawyer is there to help, not to judge.
All information, even what you consider irrelevant or incriminating, is crucial to building a strong defense.
The relationship with your lawyer must be based on trust. Withholding information can hinder your defense and put your case at risk.

Don’t Overlook Legal Timeframes
Although the law states that you cannot be detained for more than 72 hours without being brought before a judge, it’s important to:

Stay aware of the legal time limits.
Inform your lawyer if you feel your detention is being unduly prolonged.

Your criminal lawyer will ensure that procedures are carried out within the legally established timeframes, but it’s also essential for you to stay informed.

Avoid Talking to Other Detainees About Your Case
If you are in a shared space with other detainees, it’s common for conversations about the reasons for detention to arise. However:

Avoid discussing your case with other detainees. These conversations could reach the authorities and be used against you.
Stick to necessary interactions and avoid sharing personal information or details about your situation.

Don’t Ignore Your Rights
Some people, out of fear or ignorance, fail to exercise their rights during detention. This can lead to abuse or legal disadvantage. Remember:

You have the right to a lawyer, to remain silent, to be informed of the charges, and to contact someone you trust.
If you feel any of these rights are being violated, inform your lawyer as soon as possible.

Exercising your rights is not being confrontational or difficult; it’s about protecting yourself legally.

Frequently Asked Questions (FAQs)

What happens if I don’t understand the language spoken during detention?
You have the right to a free interpreter who will help you understand all the information and questions asked.
What should I do if I’m denied access to a lawyer?
This is a serious violation of your rights. Inform the judge as soon as you have the opportunity.
How long can I be detained?
The maximum detention period is 72 hours, after which you must either be released or brought before a judge.
Can I change my lawyer if I’m not satisfied with the court-appointed one?
Yes, you can change your lawyer at any time. It’s important that you feel properly represented.
What should I do if I have been detained unjustly?
Inform your lawyer so they can gather evidence of your innocence and file a complaint for unlawful detention.