What to Do If the Police Arrest You: A Legal Survival Guide

Being arrested is a situation of extreme stress. The police handcuff you, read you your rights quickly, put you in a cell... The instinct is to talk, to explain, to justify yourself. A MISTAKE! What you do in the first 24 hours will shape the whole trial. Our lawyers experienced in assistance to detainees in Madrid can help you with this type of situation.

Action Protocol: What You SHOULD Do

1. Absolute Silence

Do not answer ANYTHING they ask you "in a friendly way" in the patrol car or in the corridor. All of it will go into the police report. Your only sentence should be: "I will not give a statement until my lawyer arrives".

2. Do Not Sign Anything Without Reading It (or Without a Lawyer)

Only sign the "Reading of Rights". Do not sign statements or search consents unless your lawyer is present.

3. Call YOUR Lawyer

You have the right to appoint a lawyer of your choice. If you do not know one, a duty lawyer will be assigned to you. But it is vital to have a professional ensuring your rights are not breached.

4. Medical Examination

If you have been hurt during the arrest or feel unwell (anxiety, a need for medication), ask to see a doctor. It is your right and it generates a medical report that can be evidence.

Habeas Corpus: When to Request It?

It is an "express" procedure for when the detention is UNLAWFUL. It is requested so that you are brought before the judge immediately.

• Use it if: you have been detained without grounds, or the maximum period (72h) has already passed, or your rights are not being respected.
• Do not use it if: the detention is correct (there is an offence) and you only want to "get out quickly". The judge will refuse it.

Should I Give a Statement at the Police Station?

A lawyer's advice: ALMOST NEVER. At the police station you do not have all the information (your lawyer has sometimes not been able to see the full police report). It is better to say: "I am exercising my right not to give a statement, and I will give a statement before the judge".
Giving a statement before the judge days later, with the strategy prepared and the file studied, is far safer.