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Alonso Sala
CRIMINAL LAWYERS
ES

Emergency Criminal Lawyer in Madrid

Detainee assistance at the police station, fast trials and specialist criminal defense in Madrid.

91 078 65 74

Article 17.2 of the Spanish Constitution caps police detention at seventy-two hours before release or being brought before the court. Being summoned as an investigated person (Art. 775 LECrim) is different from being detained: a summons is a call to testify in proceedings already under way, with no prior deprivation of liberty, while detention (Art. 490 LECrim) does involve it. In both cases you have the right not to testify against yourself (Art. 24.2 CE and Art. 520.2 LECrim). The fast-track trial (Art. 795 LECrim) is the abbreviated procedure for flagrant or straightforward offences. Our defence steps in from the first call to protect those time limits and rights.

Immediate Action

What situation are you in?

Every minute counts. Select your situation and we will tell you how we can help you immediately.

Detainee Assistance

We appear at the police station to guarantee your rights from the first moment.

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I Received a Court Summons as a Suspect

What to do when summoned to court to give a statement as a suspect: deadlines and preparation.

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A Complaint Was Filed Against Me

How to find out if you have been reported to the police, and what to do next.

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A Criminal Complaint Was Filed Against Me

Deadlines, your first statement and what not to do once it is admitted for processing.

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Fast Trials

Immediate defense in plea agreement (conformidad) proceedings and fast trials.

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I Have a Trial Coming Up

Preparation, examinations and closing arguments for the oral hearing.

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Protection Orders

Immediate action against restraining orders and precautionary measures.

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Traffic Offenses

DUI, drug driving, speeding and driving without a license.

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Gender Violence

Specialized defense against accusations of mistreatment, threats or coercion.

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I Was Convicted: Appeals

Appeal to the Provincial Court and cassation appeal to the Supreme Court.

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Your Rights if You've Been Detained: Deadlines and Guarantees (Art. 520 LECrim)

If you or a family member have been detained, the law grants you guarantees from the first minute: the right to remain silent, the right to a lawyer present from the start of proceedings, the right to a free interpreter if you don't speak Spanish, and the right to have the detention communicated to a family member. Police detention has a clear legal limit: it can never last more than 72 hours (Art. 17.2 of the Spanish Constitution), and in practice most detentions are resolved within 24-48 hours through a fast trial or judicial appearance.

Full guide: I've Been Detained, What Do I Do?, with the complete breakdown of the detainee's rights.

Frequently Asked Questions on Emergency Action

How long can a police detention last?
Art. 17.2 of the Spanish Constitution sets a maximum limit of 72 hours from detention until the detainee is released or brought before a judge. In practice, most detentions are resolved within 24-48 hours through a fast trial (Arts. 795 et seq. LECrim) or an appearance before the on-call Investigating Court.
Is being summoned as a suspect the same as being detained?
No. A judicial summons as a suspect (Art. 775 LECrim) is a call to give a statement in an already open proceeding, without prior deprivation of liberty; you attend under your own power, normally with a lawyer. Detention (Arts. 490 et seq. LECrim) does involve immediate deprivation of liberty and is subject to the 72-hour limit.
What happens if I do not attend a court summons?
Unjustified failure to appear can lead the court to order a search and arrest warrant, or even detention, to secure your appearance. If you have a summons and cannot attend for a justified reason, you must notify the court in advance and have a lawyer represent you or justify the absence.
Can I refuse to make a statement to police or a judge?
Yes. The right not to testify against oneself and not to confess guilt (Art. 24.2 of the Constitution, Art. 520.2 LECrim) is one of the fundamental rights of a suspect or detainee. You may remain completely silent or answer only certain questions, and that decision cannot be held against you.
Is a fast trial the same as a plea agreement hearing?
Not exactly. A fast trial (Art. 795 LECrim) is an abbreviated procedure for flagrant or straightforward offenses that is resolved within days. Within that process a plea agreement may be reached (an agreement with the prosecution with a reduced sentence), but a contested trial can also be held if there is no agreement.
Can I be detained for a minor offense?
As a general rule, no. Art. 495 LECrim provides that no one may be detained for the alleged commission of a minor offense, unless the suspect has no known address and does not post sufficient bail in the judgment of the authority or officer making the arrest. Outside those exceptional cases, the proper course is a summons to appear, not detention.
What happens when the detainee is brought before the judge?
Unless the investigating judge orders provisional release without bail, the hearing under Art. 505 LECrim is convened, to be held as soon as possible: there, the Public Prosecutor or the accusing parties may request pre-trial detention or release on bail. It is a critical moment at which the defense must arrive with proof of community ties (work, home, family) and alternatives to detention already prepared.
What is habeas corpus and when is it used?
It is the procedure under Organic Law 6/1984 by which anyone who considers their detention unlawful is brought immediately before the judge, who reviews the legality of the detention and its conditions. It may be initiated by the detainee, their closest relatives, the Public Prosecutor or the Ombudsman, and the judge may open it ex officio. It is used, for example, where maximum time limits are exceeded or the rights under Art. 520 LECrim are denied.
Can the police search my home or access my phone without authorization?
A home may only be searched with the owner's consent, a court order, or in cases of flagrante delicto (Art. 18.2 of the Constitution). For phones and computers, Arts. 588 sexies a) to c) LECrim require individualized reasoning and an authorization from the investigating judge setting the terms and scope of the examination, including where the device is seized outside a home search: the mere seizure of the device does not authorize access to its contents.
Can I replace the duty lawyer with a lawyer of my choice?
Yes. The detainee has the right to appoint a lawyer of their choice (Art. 520.2 LECrim) and may do so at any stage of the proceedings: the appointment of a private lawyer replaces the duty lawyer as soon as it is communicated and the new counsel enters an appearance. The fact that the first assistance at the police station was provided by the duty lawyer does not prevent entrusting the defense to another lawyer immediately afterwards.
Your Defense

Why trust Alonso Sala?

Fast Response

We respond to your call with the greatest diligence possible to activate the assistance.

Specialized Penalists

We only practice criminal law. All our experience at the service of your defense.

Strategic Defense

We analyze your case and design a personalized defense strategy from the first minute.

Complete Support

We accompany you throughout the entire process: police station, court, trial and appeals.

Don't wait any longer. Your defense starts now.

Every moment without legal advice can harm your situation. Contact our criminal lawyers.

91 078 65 74