Benidorm concentrates the two situations that most often bring British and Irish visitors into contact with the Spanish criminal system: nightlife incidents and driving offences. Both are prosecuted as crimes, not as administrative matters, and both move quickly.
Cases arising in Benidorm are dealt with by the courts of the Alicante judicial district, where we are based. That proximity matters: it means being at the police station or before the judge the same day, reading the file in time, and setting the strategy before the investigation hardens in a direction that is difficult to reverse.
You have the right to remain silent, to an interpreter, and to choose your own lawyer instead of the duty solicitor. Exercise that last right: the duty lawyer meets your file minutes before your interview.
24-hour emergencies. Call before you make any statement. See also our English-speaking criminal defence hub and our fees.
You can be held for up to 72 hours before being released or brought before a judge. In that time the police will take a statement, and what you say there follows the case to trial.
You have the right to remain silent, the right to a free interpreter, the right to a medical examination, and the right to have the British or Irish consulate informed. And you have the right to choose your own lawyer instead of the duty solicitor. That last right is the one that matters most and the one most people waive without thinking: the duty lawyer meets your file minutes before your interview and has no time to prepare anything.
Before any statement we hold a confidential meeting with you, read the police report, and decide together whether to speak, stay silent, or defer.
Minor matters go to a juicio rápido within days, where you will be offered a guilty plea with a reduced sentence. It can be the right decision, but not before checking whether the evidence stands up. Once accepted, it cannot be undone.
More serious matters go to an investigating court, and the prosecution may ask for pre-trial detention. Foreign nationals are almost automatically presented as a flight risk. That argument is beaten with evidence, and it is beaten in the first hearing, not later.
We work in English, with fixed fees agreed in writing per stage, and we keep your family informed at home. 24-hour emergencies: call before you make any statement, not after.
I am flying home in two days and I have been charged. What happens? You can usually leave, but the case does not leave with you. It continues in your absence, and a failure to appear can turn into an arrest warrant that surfaces years later at an airport. Deal with it now, from here or from home, but deal with it.
It was just a fight outside a bar. Is that really criminal? Yes. Depending on the medical report, it is either a minor offence with a fine or a full offence of causing injury with a prison sentence. The distinction turns on whether the other person needed medical treatment, and that is contestable.
The police took my statement without a proper interpreter. Does that matter? It can matter a great deal. A statement taken without adequate interpretation is open to challenge, and in Benidorm it happens more often than it should.
Can you attend the police station at 4am? Yes. That is what the 24-hour line is for, and it is the moment when your case is decided.