Before anything else
Ask for a lawyer and do not make a statement until you have spoken to one. This is a right, not a favour: say it in those words, as many times as needed. If you can use a phone, call our criminal emergency line now. If you cannot, ask the police to notify a family member or someone close to you: that is also your right.
Your rights from the first moment
The police must inform you of these rights in writing, in a language you understand and in plain terms, immediately (article 520 of the Criminal Procedure Act). You can tick the ones you have already been told about; nothing you tick is sent or stored anywhere.
If any of these rights was not explained to you or was not respected, tell your lawyer as soon as you can speak to them: it may affect the validity of what was done.
The time limit: 72 hours maximum
An arrest cannot last longer than strictly necessary for the investigation, and never more than 72 hours. Once that period ends, the person must be released or brought before the court (article 17.2 of the Spanish Constitution and article 520.1 of the Criminal Procedure Act).
What helps, and what to avoid
Helps
- Asking for a lawyer from the first minute, even if it seems like "just a quick thing to clear up"
- Using your right to remain silent if you are unsure, until you have spoken to your lawyer
- Asking for a family member or someone close to be notified
- Asking to be seen by a doctor if you have any condition, injury, or need it for any reason
- Noting, if you can, the time of the arrest and the names or badge numbers of the officers
Avoid
- Signing anything you do not understand or that has not been translated for you
- Waiving your right to a lawyer out of haste or to "get it over with"
- Making a statement thinking "if I did nothing wrong, nothing will happen": what is said without a lawyer present can complicate the defence later
- Physically resisting or arguing with the officers, however justified it may feel at the time
Frequently asked questions
How long can a person be held in police custody?
A maximum of 72 hours. Once that period ends, the person must be released or brought before the court (article 17.2 of the Spanish Constitution and article 520.1 of the Criminal Procedure Act).
Do I have to make a statement if I am arrested?
No. A detained person has the right to remain silent, not to testify against themselves and not to plead guilty (article 520.2 of the Criminal Procedure Act). You may answer only some questions, or none.
Can I ask for a lawyer if I am arrested?
Yes, and it is one of the rights you must be informed of from the very first moment. If you do not appoint one of your own, a duty lawyer is assigned to you (article 520.2.c of the Criminal Procedure Act).
Can my family be notified if I am arrested?
Yes. A detained person has the right to have the fact of the arrest and the place of custody communicated to a person of their choosing (article 520 of the Criminal Procedure Act).
Keep reading
Is there an arrest happening right now?
This guide is general guidance: it does not replace a lawyer's advice or predict the outcome of any case. The sooner a lawyer is contacted, the more options there are, especially before making any statement.