What Happens After an Arrest in Spain: From the Police Station to Court

An arrest is a moment of maximum tension. Knowing the procedure and your rights is essential to avoid making irreparable mistakes. This guide walks, step by step, through what happens from the moment the police make the arrest until the duty court takes its decision.

The First Hours at the Police Station

After the arrest, the detainee is taken to the police station, where they are informed of the facts attributed to them and of their rights, and the police record is taken (photograph and fingerprints). From the moment of arrest, the police have a maximum of 72 hours to bring you before the court or release you. However, this is not a right to detain: the police must act as swiftly as possible and cannot exhaust that period without justification. During custody, the detainee may inform a relative or a person of their choice of the fact of the arrest and the place where they are being held.

Your Fundamental Rights

• The right to remain silent and not to incriminate yourself. You can exercise it fully or partially: making a statement at the police station is not compulsory and, as a general rule, it does not help you.
• The right to a lawyer (court-appointed or private), who will be present at any statement. We strongly recommend not making a statement at the police station without first speaking, in private, with a specialist lawyer: that prior private interview is a right and allows you to prepare the most important decision of those hours.
• The right to an interpreter if you do not understand the language, and to be examined by a doctor if you need it.
• Habeas corpus: if you consider the arrest unlawful or the time limits exceeded, you can request this urgent procedure, which requires the detainee to be brought immediately before the judge to rule on the lawfulness of the deprivation of liberty.

Remember: the police statement can condition the entire future trial. It is better to wait to learn the evidence before the court before giving your version.

Being Brought Before the Duty Court

Once the police phase is over, the detainee is placed at the disposal of the duty court. There, a statement is taken — this time before the judge and with the assistance of your lawyer — and, after hearing the parties, the judge decides on your personal situation: release without measures, provisional release subject to obligations (periodic appearances or others) or, in the most serious cases and if the prosecution so requests, more severe measures. In less serious offences with a straightforward investigation, the case may also be processed as a fast-track trial, with an immediate hearing date. Unlike the police statement, the statement before the judge usually is the right moment to put forward the defence's version, with the strategy already prepared and the case file examined.

What to Do and What Not to Do

It is advisable to: stay calm, identify yourself, exercise the right to silence until the interview with your lawyer and appoint a trusted lawyer as soon as possible. It is advisable to avoid: resisting the arrest, signing documents without reading them and without advice, giving spontaneous explanations to the officers — anything you say can be added to the police report — and discussing the case by phone or with third parties. If a relative has been arrested, the most useful steps are to locate the police station, appoint a private lawyer and not wait until the court statement to start preparing the defence: the difference between a well-managed and a badly managed arrest is felt throughout the entire subsequent proceedings.