Receiving a call or a summons from the police to “make a voluntary statement” is understandably unsettling. Before attending, it is worth understanding what it means, what rights you have and why you should not go without legal advice.
Voluntary summons versus arrest
Being summoned to make a statement as a suspect is one thing; an arrest is something quite different. With a summons you attend on your own and keep your freedom, but whatever you say is put on record and may be used in the proceedings.
Am I obliged to attend?
A police summons does not always carry the same weight as a court summons. Failing to attend may lead to a summons from the court and even, in some cases, to an arrest warrant. That is why it should not be ignored: the advisable course is to handle it with a lawyer.
Your rights when making a statement (art. 520 LECrim)
You have the right to remain silent, not to incriminate yourself, not to confess guilt, to legal assistance, to know the facts attributed to you and, if needed, to an interpreter. These are inalienable rights that protect your defence.
Why not to go without a lawyer
Without detailed knowledge of the accusation, an improvised statement can harm you irreversibly. The lawyer accesses the available information, advises you on whether to speak or remain silent and monitors that the procedure is properly conducted.
What to do if they call you
1. Ask them to specify in what capacity you are being summoned.
2. Do not improvise or give explanations over the phone.
3. Contact a lawyer before attending.
4. Attend accompanied by your lawyer on the appointed day.
Speak or remain silent?
It is not always in your interest to speak immediately. Remaining silent is a right and, at times, the best strategy until the evidence is known. It is a decision to be taken with legal advice, case by case.
Frequently asked questions
Can they arrest me there? Depending on the facts, it is possible; all the more reason to go with legal advice. Can I go with my lawyer? Yes, it is your right. What if I already made a statement without a lawyer? There is still room for defence; seek advice as soon as possible.
Are you in this situation? Do not make any statement or take decisions without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
