Madrid Criminal Lawyer for Detainee Assistance

Every person detained in Spain holds a catalogue of inalienable rights set out in Art. 520 of the Criminal Procedure Act. These include the right to remain silent and not to testify against oneself, the right to legal assistance in all proceedings —which in many cases cannot be waived—, the right to be informed of the alleged facts and the reasons for the detention, the right to a free interpreter, the right to a medical examination and the right to notify the detention to a relative and, for foreigners, to their consular office. The lawyer's presence ensures these rights are respected from the first police step and that no questioning takes place without due safeguards.

Pre-trial detention has a maximum limit of 72 hours, after which the detainee must be released or brought before a judge (Art. 520 LECrim); only in terrorism offences is the extension of Art. 520 bis available. When the detention is unlawful, unduly prolonged or the safeguards are not respected, the habeas corpus procedure applies (Organic Law 6/1984), allowing the detainee to be brought immediately before a judge. Controlling the legality of the detention, the police report and the chain of custody from the first hour is the basis of an effective defence: what happens at the police station shapes the entire subsequent procedure.

The lawyer's role in the first statement is decisive: they advise on whether to testify or to invoke the right not to, ensure the questions are clear and not misleading, and request the exculpatory steps that cannot be delayed. A hasty statement without advice is frequently the origin of an avoidable conviction; this is why the right to legal assistance should always be exercised, even when one believes they have nothing to hide. Early intervention also makes it possible to seek alternatives to detention from the outset and to prepare the defence strategy with full knowledge of the incriminating material.