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: it is not evidence in itself (Supreme Court Plenary Agreement of 3 June 2015), but it steers the investigation and, if the facts you give are confirmed by other evidence, can support inferences against you. 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.
• Only as long as strictly necessary: 72 hours is a maximum; once the inquiries are complete, the police must release the person or take them before the duty judge (juez de guardia; formerly the duty court, Juzgado de Guardia) (Art. 520.1 LECrim).

What Happens After the Police Station?

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

• Release without charges: you leave with no obligations. This does not always mean the case is closed: the judge may shelve it or the investigation may continue.
• 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 be resolved at the duty court itself if you accept the prosecution's charge, with the sentence reduced by one third (Art. 801 LECrim), or go to trial within the following 15 days (Art. 800 LECrim).
• Pre-trial detention: for offences with a maximum penalty of 2 years' imprisonment or more —or less if the suspect has unspent convictions for an intentional offence—, where there is a flight risk, a risk of destroying evidence, a risk to the victim or a risk of reoffending (Art. 503 LECrim). This is what we fight to avoid at the Art. 505 hearing.

Frequently Asked Questions

Can they hold me without formally detaining me?

If you cannot be identified, the police can require you to accompany them to the police station for identification purposes only, for the strictly necessary time and never for more than six hours (Art. 16 of Organic Law 4/2015); this is not a detention. If it goes beyond that, or you are questioned about an offence, ask whether you are under arrest and to be read your rights.

Can the police search my phone?

As a rule, not without judicial authorisation. The content of mobile devices is protected by the fundamental rights to privacy and to the secrecy of communications (Art. 18 of the Constitution), and since 2015 the Criminal Procedure Act requires a reasoned court order to access it (Arts. 588 sexies a to 588 sexies c LECrim). The only exception is urgency: the police may examine the device directly, but must notify the judge in writing within 24 hours, and the judge confirms or revokes the measure within 72 hours (Art. 588 sexies c LECrim). Obtaining information from the device without those safeguards 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.

The full list of a detainee's rights during an arrest or pre-trial detention is set out in Article 520 of the Spanish Criminal Procedure Law (LECrim).