Court Summons as a Suspect: What to Do Step by Step (2026)

You open your letterbox and there it is: an envelope from Investigating Court No. X of Madrid. You are summoned to give a statement as an "investigated person" (investigado) in preliminary proceedings. Your heart skips a beat. Are they going to arrest me? Do I need a lawyer? What do I do? Don't panic. At Alonso Sala, as criminal lawyers, we get this enquiry every day. Here we explain exactly what it means and how to react.

What does it mean to be an "investigated person"?

"Investigado" is the current legal term (previously "imputado") for a person against whom reasonable indications of criminal involvement exist. It is important to understand that:

• It is not a conviction. It is merely the start of a judicial investigation.
• You will not be arrested for going to court. You are summoned to give a statement, not to be detained.
• You have full rights of defence: a lawyer, the right to silence, the right not to incriminate yourself.
• The case may end with dismissal: Many investigations never reach trial. If there is insufficient evidence, the judge dismisses the case (full or provisional dismissal, sobreseimiento libre o provisional).

The 7 steps you should take immediately

1. Do not ignore the summons: If you fail to appear, the judge may order your arrest and forced production. Always attend.
2. Read the summons carefully: Identify the court, the case number and, if mentioned, the offence under investigation.
3. Hire a criminal lawyer: Legal representation is mandatory when giving a statement as an investigated person. A court-appointed lawyer is an option, but we strongly recommend a trusted lawyer who can prepare the strategy with you.
4. Request access to the case file: Your lawyer is entitled to examine the case file before the statement. This lets us see what evidence the judge has and prepare your defence.
5. Prepare your statement with your lawyer: Decide together whether to speak, to stay silent in whole or in part, and what account to give.
6. Gather evidence in your favour: Documents, messages, witnesses, alibis, anything that supports your account.
7. Attend court on the scheduled day: On time, with valid ID and accompanied by your lawyer.

What is the statement as an investigated person like?

The statement is taken at the Investigating Court, before the judge, the court clerk (Letrado de la Administración de Justicia) and the parties (the public prosecutor, the private prosecution if there is one, and your lawyer). The process is as follows:

1. The judge identifies you (name, ID number, address).
2. The judge informs you of the facts under investigation and of the alleged offence.
3. The judge reminds you of your rights (silence, no self-incrimination, lawyer).
4. The public prosecutor asks questions. Your lawyer may object to leading or trick questions.
5. The private prosecution (if any) asks questions.
6. Your lawyer asks questions (so that you can give your account in a controlled way).
7. The record is drawn up and signed.

Should I exercise my right to silence?

It depends on the case. There is no one-size-fits-all answer:

• Total silence: Advisable when we do not yet know the prosecution's evidence well, when there is a risk of self-incrimination, or when the strategy is to wait until the oral trial.
• Partial silence: Answer only your lawyer's questions and remain silent before the public prosecutor and the private prosecution.
• Speak: Sometimes it is wise to give your account early, especially if you have strong exculpatory evidence capable of securing an early dismissal.

The decision is taken always with your lawyer, after studying the case file.

What happens after the statement?

After your statement, the judge may:

• Dismiss the case (sobreseimiento): if there are not enough indications. End of proceedings.
• Continue the investigation: order further enquiries (tests, witnesses, expert reports).
• Convert the proceedings into the abbreviated procedure or the indictment procedure if the offence so requires.
• Open the oral trial stage: if there are sufficient indications to go to trial.

In most cases, the investigation continues for several months. Your lawyer can request evidence in your favour throughout this period.

Frequently asked questions

Can I be arrested when leaving court?

It is extremely rare. It only happens if the judge orders pre-trial detention, which requires very serious offences (penalties of more than 2 years) and a risk of flight or destruction of evidence. In the vast majority of summons as an investigated person, you go home after giving your statement.

Will my name appear on any register?

Being an investigated person does NOT generate a criminal record. Only a final conviction does. While you are under investigation, your name will not appear on any public register.

Can I travel abroad while under investigation?

Yes, unless the judge has ordered the withdrawal of your passport as a precautionary measure (very unusual in minor offences). If in doubt, consult your lawyer before travelling.

What if years have passed and they have not called me again?

It may be that the case is becoming time-barred or has been provisionally dismissed. Your lawyer can check the status of the proceedings and request a final dismissal if the limitation periods have elapsed.

Can I request that the case be closed?

Yes. Your lawyer can request a full dismissal (sobreseimiento libre, final closure on the ground that no offence exists) or a provisional dismissal (closure for lack of evidence). The judge will decide.