I've Been Arrested: What to Do? A Criminal Lawyer's Guide

If you are reading this because you have just been arrested or are about to be, first things first: do not give a statement without a lawyer. You have the right to remain silent and it is, in all likelihood, the most important decision you will make in the next few hours. As criminal lawyers experienced in assistance to detainees, we explain step by step what to do.

Your Rights as a Detainee

Article 520 of the Criminal Procedure Act guarantees these rights from the moment of detention:

• Right to remain silent: you are not obliged to answer any question. You can give a statement only before the judge.
• Right not to incriminate yourself: no one can force you to confess or to provide evidence against yourself.
• Right to appoint a lawyer: you can choose your own lawyer or request a duty lawyer.
• Right to be informed: you must be told why you are being detained, what offence you are charged with and what rights you have.
• Right to have the detention notified: to a relative or person of your choice.
• Right to an interpreter: if you do not speak Spanish, one must be provided to you free of charge.
• Right to a medical examination: you can request to be examined by a doctor.

What NOT to Do If You Are Arrested

1. Do NOT resist physically. Resisting authority is an additional offence (Art. 556 CP). Cooperate with the arrest even if you believe it is unjust.
2. Do NOT insult or threaten the officers. Police reports record everything you say and how you behave.
3. Do NOT sign anything without reading it. And never without your lawyer having reviewed it first.
4. Do NOT consent to searches voluntarily. If you are asked to unlock your phone, car or home, politely say you wish to wait for your lawyer.
5. Do NOT talk to other detainees in the cell. They may be informants or repeat what you say before the judge as witnesses.
6. Do NOT call anyone to "explain your version". Calls from the police station may be listened to.

The Process Step by Step

1. The arrest (minute 0)

The officers identify you, inform you of the reason and read you your rights. You are taken to the police station. Personal items will be taken from you (belt, shoelaces, phone).

2. Call to the lawyer (first few minutes)

If you have a lawyer of your own, give their name and number. If not, the duty-lawyer scheme is activated. The duty lawyer has a maximum of 3 hours to attend the police station.

3. Confidential interview with your lawyer (before giving a statement)

You have the right to speak with your lawyer in private for at least 30 minutes before the statement. It is confidential. Tell them EVERYTHING — the good and the bad. Your lawyer cannot help you if you withhold information.

4. The police statement

Your lawyer will advise you whether to give a statement or to exercise your right not to. In most cases, silence is the best option. It does not harm you and it protects you. If you decide to give a statement, your lawyer will be present and can intervene.

5. How long does detention last?

• A maximum of 72 hours for ordinary offences.
• Up to 5 days in terrorism or armed-group offences (with judicial authorisation).
• Once the period has passed, you must be released or brought before the court.

6. Being brought before the court

After the detention, you are taken to the Duty Court. The judge decides: release on charges (the most common outcome), release with precautionary measures, or pre-trial detention (exceptional cases of seriousness).

Types of Detention

• Police detention: the officers detain you in the street, at your home or during a check. It is the most frequent.
• Detention by court order: a judge has issued an arrest warrant against you. The police are actively looking for you.
• Citizen's arrest: a member of the public holds you on catching you committing a flagrant offence. They must hand you over to the police immediately.
• Police summons (not a detention): you are summoned to give a statement as a person under investigation. You are not detained, but you still need a lawyer.

What Happens After the Detention?

If you are released on charges, the judicial proceedings continue. You will receive summonses from the court to give a statement as a person under investigation. It is essential to contact your criminal lawyer immediately to prepare your defence from the very first moment.

Assistance to detainees at the police station is one of our regular areas of work. The first statement sets the tone for the whole proceedings. Call us on +34 91 078 65 74 as soon as possible after the detention.