Detainee Rights at the Police Station: What You Must NEVER Do (2026)

Receiving a call that a relative is detained at a police station is one of the most distressing experiences there is. The uncertainty, the fear and the pressure of the moment lead many detainees to make mistakes that shape the outcome of the whole case. As criminal lawyers experienced in assistance to detainees, we want you to know your rights and, above all, the fatal mistakes to avoid.

The Detainee's Fundamental Rights (Art. 520 LECrim)

The Constitution and the Criminal Procedure Act guarantee the detainee:

1. The right to know why they are being detained: they must be informed of the facts charged and the grounds for the detention "in an understandable way".
2. The right to remain silent: there is no obligation to give a statement. They may answer only the questions they choose and stay silent on the rest.
3. The right not to confess guilt: no confession obtained through pressure is valid.
4. The right to a lawyer: of their choice (one they appoint) or a duty lawyer. The lawyer has the right to a confidential interview with the detainee before any statement.
5. The right to have the detention notified: to a relative or person of their choice. If they are a foreign national, also to their consulate.
6. The right to an interpreter: free of charge, if they do not speak Spanish.
7. The right to medical assistance: if they need it or show signs of injury.
8. The right to be released or brought before the judge within a maximum of 72 hours.

The 5 Mistakes You Must NEVER Make at the Police Station

1. Giving a statement without a lawyer

This is mistake number one. The police may be friendly, but their job is to obtain information that incriminates you. What you say at the station will go into the police report and will be used against you at trial. The correct answer: "I do not wish to give a statement until my lawyer arrives".

2. Lying

If you decide to give a statement, do not lie. Lies are uncovered during the investigation and destroy your credibility before the judge. If you do not want to say something, silence is better than a lie.

3. Signing documents without reading them

You will be handed a "reading of rights" document. Read it. They sometimes include hidden waivers (such as waiving a lawyer of your choice and accepting the duty lawyer). Never sign anything you do not understand.

4. Talking to other detainees about your case

In shared cells, what you say to other detainees can be used against you. There are "informants" who exchange information with the police in exchange for benefits.

5. Resisting physically

Even if the detention is unjust, resisting is a fresh offence (resisting authority, Art. 556 CP). If you believe the detention is unlawful, your lawyer will request habeas corpus. Physical resistance only makes things worse.

Legal Deadlines of the Detention

• General maximum: 72 hours (Art. 17.2 of the Constitution). It is an absolute constitutional limit.
• Terrorism: up to 5 days with judicial authorisation (Art. 520 bis LECrim). Extraordinary and exceptional.
• In practice: most detentions last between 12 and 24 hours. A statement is taken, the police report is completed and the person is taken to the Duty Court.

What Happens After the Police Station?

You are taken to the Duty Court. There the investigating judge will decide:

• Release without charges: the case is shelved. There is no case.
• Release on charges: proceedings are opened against you but you remain free. You must attend court when summoned.
• Fast-track trial: if the offence is simple and flagrant (drink-driving, theft), it can go to trial within the following hours.
• Pre-trial detention: in very serious cases (offences with penalties over 2 years, a flight risk or a risk of destroying evidence). This is what we fight to avoid at the Art. 505 hearing.

Frequently Asked Questions

Can they hold me without formally detaining me?

The police can briefly "hold" you for identification purposes (Art. 16 of Organic Law 4/2015), but this is not a detention. If it lasts more than a few hours or you are taken to the station, demand to be formally detained and read your rights.

Can the police search my phone?

Not without judicial authorisation. Constitutional case law (among others, Constitutional Court Judgment 115/2013, which dealt specifically with examining the content of mobile phones, in line with the earlier doctrine of Judgment 173/2011 on personal computers) has established that the content of mobile devices is protected by the fundamental right to privacy and the secrecy of communications (Art. 18 of the Constitution), requiring reasoning and judicial authorisation for access. Obtaining information from the device without that safeguard can lead to the nullity of the evidence.

Must I give my passwords to the police?

No. There is no legal obligation to provide passwords or to unlock electronic devices. Doing so voluntarily amounts to incriminating yourself.

What do I do if the police hit me?

Immediately request medical assistance so that the injuries are recorded. Inform your lawyer during the confidential interview. Keep a copy of the injury report. We will report the facts to Internal Affairs and to the court.