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Police detention lasts up to 72 hours, after which the detainee is either released or brought before a judge. During that window the detainee has the right to a lawyer of their choice, to an interpreter, to medical assistance and to inform their consulate. The single most important rule: no statement without your own lawyer present. Declining to answer questions until counsel arrives is a right, not an obstruction.
See also: prison and pre-trial detention, drink driving and extradition and European arrest warrants.
The duty lawyer already saw the detainee. Do we still need our own? The duty system covers the minimum. A chosen lawyer can be appointed at any moment, takes over immediately, and builds the defence rather than accompanying a statement.
Can I speak with my relative while they are detained? Direct contact is restricted, but the lawyer can see the detainee, pass essential family information and report back immediately. That is usually the family’s first reliable news.
Will they be released after the 72 hours? Most detainees are released with or without precautionary measures. Pre-trial detention is the exception, reserved for serious cases; when it is requested, the first hearing is where it must be fought.
We are not in Spain. How do we engage you? A call and a power of attorney arranged remotely are enough. We report in English or French from the first intervention.
A criminal-only practice with genuine 24/7 availability, offices in Alicante and Madrid, and full case handling in English and French from the police station to trial.
Urgent line, day and night: +34 669 30 21 13.
The hours immediately after a detention decide more than most people realise. In Spain you have the right to a lawyer and, if you need one, an interpreter from the very moment you are detained — before any questioning. You also have the right to remain silent and the right not to incriminate yourself. The single most important rule is simple: do not sign or agree to anything you do not fully understand.
The police may hold you for a maximum of 72 hours before you must be released or brought before a judge; habeas corpus exists precisely to challenge an unlawful or excessive detention. During the station phase (asistencia al detenido) a lawyer should be present at your declaration to protect your position and to make sure your account is recorded correctly.
When you are brought before the investigating court, the judge decides on provisional measures — release, bail or, exceptionally, remand. Having a defence lawyer who already knows your case argue that hearing is critical. We provide English-speaking assistance around the clock and can reach police stations across Alicante province and Madrid quickly, so you are never facing that first interview alone.