What Happens If You Are Arrested in Spain? Rights for Foreigners
Being arrested in a foreign country is frightening. If you or a family member has been arrested in Spain, here is what you need to know about your rights, the legal process, and how to get help immediately.
Quick Answer
If you are arrested in Spain as a foreigner, you have the right to remain silent, the right to a lawyer (including one who speaks your language), the right to contact your embassy or consulate, and the right to an interpreter. The police can hold you for a maximum of 72 hours before you must be brought before a judge. You should not make any statement or sign any document without your lawyer present.
Defending foreign nationals in Spanish courts since 1993
Criminal defence in English and French
Your Rights When Arrested in Spain
Spanish law guarantees specific rights to anyone who is arrested, including foreign nationals. These rights are set out in the Spanish Constitution and the Ley de Enjuiciamiento Criminal (Criminal Procedure Act). The police are legally obligated to inform you of these rights at the time of arrest:
Right to remain silent. You do not have to answer any questions. You can choose to speak only in the presence of your lawyer, or not to speak at all. Anything you say can be used against you.
Right to a lawyer. You can choose your own lawyer or request a duty solicitor (abogado de oficio) free of charge. If you have a lawyer in Spain, ask the police to contact them immediately.
Right to an interpreter. If you do not speak Spanish, you have the right to a qualified interpreter for all communications with the police and during court proceedings.
Right to contact your embassy or consulate. As a foreign national, you have the right to have your embassy or consulate informed of your arrest. They can provide consular assistance, though they cannot interfere in legal proceedings.
Right to a phone call. You are entitled to make a phone call to inform someone of your arrest and your whereabouts.
Right to know the charges. The police must inform you of the reason for your arrest and the facts you are accused of.
The 72-Hour Rule: What Happens After Arrest
| Timeframe | What Happens |
|---|---|
| 0-72 hours | Police custody (detención). You are held at the police station. Your lawyer should be present for any statement or identification procedure. |
| Within 72 hours | You must be brought before a judge (Juzgado de Instrucción). The judge decides whether to release you, release you on bail, or remand you in custody. |
| After court hearing | If released on bail, conditions may include surrendering your passport, reporting to the court periodically, or paying a bail deposit. |
| Investigation phase | The investigating judge gathers evidence. This can take weeks to months depending on the complexity of the case. |
| Trial | If charges proceed, the case goes to trial. Minor offences are heard by a single judge; serious offences by a panel of three judges or a jury. |
Common Offences Foreigners Face in Spain
Drink driving (alcoholemia). Spain has strict drink driving laws. The legal limit is 0.5 mg/ml blood alcohol (0.3 mg/ml for new drivers). Exceeding 0.6 mg/ml or refusing a breath test is a criminal offence punishable by prison, fines, and driving ban.
Assault and public disorder. Fights, especially in tourist areas and nightlife zones, are taken seriously. Even minor altercations can result in arrest and criminal charges.
Drug offences. While personal consumption of drugs is an administrative offence (fine), possession with intent to supply or drug trafficking are serious criminal offences carrying significant prison sentences.
Theft and fraud. Shoplifting, pickpocketing, and fraud are common charges. Even minor theft can result in a criminal record if the value exceeds 400 euros.
Domestic violence. Spain has very strict domestic violence laws. Any report of violence or threats between partners or family members triggers automatic arrest and a restraining order.
What Should You Do If a Family Member Is Arrested?
If you receive a call telling you that a family member has been arrested in Spain, the most important thing is to contact a criminal defence lawyer immediately. Time is critical — the sooner a lawyer is involved, the better the outcome is likely to be.
Do not attempt to contact the police station directly to negotiate or argue. This will not help and may complicate matters. Instead, let your lawyer handle all communications with the police and the court.
If your family member is a British national, you can also contact the British Consulate in Alicante. They can provide a list of English-speaking lawyers and ensure consular access, but they cannot provide legal advice or intervene in the case.
Do Not Sign Anything Without Your Lawyer
This cannot be stressed enough. When arrested in Spain, you may be presented with documents in Spanish that you do not fully understand. Never sign any document without your lawyer present and without a full explanation of what you are signing. A signed statement can be used as evidence against you in court, and it is very difficult to retract once signed.
Areas We Serve
We provide criminal defence for foreigners across the Costa Blanca and the Valencian Community, including Javea (Xabia), Moraira, Denia, Altea, Benissa, and Teulada. We attend police stations and courts throughout the Alicante province.
Frequently Asked Questions
How long can the police hold me in Spain without charging me?
The police can hold you for a maximum of 72 hours. Within that time, you must be brought before a judge who will decide whether to release you, set bail conditions, or remand you in custody pending investigation.
Do I have the right to a lawyer if I cannot afford one?
Yes. If you cannot afford a private lawyer, you have the right to a free duty solicitor (abogado de oficio). However, duty solicitors may not speak English. Hiring a private English-speaking criminal lawyer is strongly recommended if possible.
Can I leave Spain if I am released on bail?
It depends on your bail conditions. In many cases, the judge will require you to surrender your passport and remain in Spain until the case is resolved. In other cases, you may be allowed to return home but must return for court dates. Your lawyer can request favourable bail conditions on your behalf.
Will a criminal conviction in Spain affect me in my home country?
A criminal conviction in Spain will appear on your Spanish criminal record. Depending on your nationality and the nature of the offence, it may also appear on background checks in your home country and could affect your ability to travel, work, or obtain visas.
What should I do if I am accused of drink driving in Spain?
Do not admit guilt at the scene. You have the right to remain silent and to request a second blood test. Contact a criminal defence lawyer immediately. Drink driving cases in Spain can result in prison sentences, heavy fines, and loss of driving licence, but an experienced lawyer can often negotiate reduced penalties.
Arrested in Spain? Get Legal Help Now
Contact our criminal defence lawyers immediately — we attend police stations and courts across the Costa Blanca.
Call us: 965 792 946 | 607 320 768
