English-speaking criminal lawyers with over 30 years of experience
Immediate Legal Defense for Foreign Citizens Facing Criminal Charges in Spain
Have you been arrested in Spain? Are you facing criminal charges or a police investigation? Do you need urgent legal help after a drink-driving (DUI) stop?
At Tomas Ballestero Lawyers, we provide strong, strategic criminal defense for foreign citizens and international residents facing criminal matters in Spain. With over 30 years of courtroom experience, we act quickly to protect your rights from the moment of arrest through trial and appeal.
📞 +34 965 792 946 | 📱 +34 607 320 768 (WhatsApp) — Available 24/7 for emergencies
Why You Need a Criminal Lawyer in Spain
Being arrested or facing criminal charges in a foreign country is frightening and confusing. The Spanish criminal justice system has specific procedures, rights and timelines that differ significantly from the UK, Ireland or other countries.
What happens when you’re arrested in Spain:
- You can be held for up to 72 hours before seeing a judge
- You have the right to a lawyer from the first moment of detention
- Police questioning without a lawyer can seriously harm your case
- Statements made at arrest can be used against you in court
- Bail conditions vary depending on the offence and flight risk
Without proper legal representation, you risk:
- Making damaging statements to police
- Longer detention periods
- Harsher charges or sentences
- Losing your right to appeal
- Criminal record affecting your future
Our role is to protect your rights immediately and build the strongest possible defense for your case.
Our Criminal Defense Services
Drink-Driving / DUI Defense (Alcoholemia)
Drink-driving is one of the most common criminal matters affecting foreign residents and tourists in Spain. Spanish DUI laws are strict, with serious consequences.
Spanish drink-driving limits:
- 0.25 mg/l breath alcohol (0.5 g/l blood) for standard drivers
- 0.15 mg/l breath alcohol (0.3 g/l blood) for professional/new drivers
- Exceeding 0.60 mg/l breath alcohol is a criminal offence
Consequences can include:
- Criminal record
- Fines from €1,000 to €6,000
- Driving ban (1-4 years)
- Prison sentence (in serious cases)
- Vehicle impoundment
✅ Immediate legal assistance at police stations
✅ Court representation
✅ License suspension appeals
✅ Negotiation for reduced charges
✅ Defense against criminal penalties
Arrests & Police Detention
If you’ve been arrested in Spain, you need a lawyer immediately — not one appointed by the police, but one who works for YOU.
✅ 24/7 emergency response
✅ Immediate attendance at police stations
✅ Protection during police questioning
✅ Habeas corpus applications
✅ Bail and release applications
✅ Prison visits
Your rights upon arrest in Spain:
- Right to remain silent
- Right to a lawyer of your choice
- Right to an interpreter
- Right to inform your embassy
- Right to medical attention
We ensure these rights are respected and that you don’t face the system alone.
Violent Crimes
Legal defense in serious criminal matters including:
✅ Assault and battery (lesiones)
✅ Armed robbery
✅ Homicide and manslaughter
✅ Serious bodily harm
✅ Threats and coercion
We build strong defense strategies, challenge evidence, and protect your rights throughout the process.
Drug Offences
Defense in all drug-related matters:
✅ Drug possession
✅ Drug trafficking
✅ Supply and distribution
✅ Organised crime investigations
✅ International drug cases
Spanish drug laws distinguish between personal use and trafficking. The difference can mean a fine versus years in prison. We fight for the best possible outcome.
Sexual Offences
Confidential and professional defense in allegations involving:
✅ Sexual assault
✅ Sexual abuse
✅ Harassment
✅ Online offences
These are extremely serious allegations with severe consequences. We ensure you receive a fair trial and that your fundamental rights are protected throughout.
Economic & Financial Crimes
Defense in complex financial matters:
✅ Fraud (estafa)
✅ Embezzlement
✅ Money laundering
✅ Tax fraud
✅ Corporate crime
✅ Bankruptcy offences
We have experience in complex investigations involving multiple jurisdictions and significant financial stakes.
Domestic Violence Allegations
We defend individuals accused of domestic violence:
✅ Restraining order defense
✅ False accusation cases
✅ Evidence-based defense strategy
✅ Protection of parental rights
These cases require careful, sensitive handling to ensure justice while protecting all parties’ rights.
Appeals & Criminal Records
If you’ve been convicted, we can help:
✅ Appeals against convictions
✅ Sentence reduction applications
✅ Criminal record cancellation (cancelación de antecedentes penales)
✅ Rehabilitation certificates
A criminal record can affect your employment, travel and future. We help you clear your record when legally possible.
Real Examples from Our Practice
🚗 British Tourist — Drink-Driving at Checkpoint
A British tourist was stopped at a police checkpoint in Benidorm after dinner. His breath test showed 0.42 mg/l — above the criminal threshold.
Challenge: He faced a criminal record, fine of €3,000+, and a 12-month driving ban in Spain.
Our solution: We attended the police station immediately, represented him in court, and negotiated a reduced charge. Result: €1,200 fine, 6-month ban, no prison sentence, and guidance on clearing his record after 6 months.
🇮🇪 Irish Resident — Assault Allegation
An Irish resident in Jávea was arrested after an altercation at a bar. The other party claimed serious injuries.
Challenge: He was held in custody and faced potential prison time for assault causing bodily harm.
Our solution: We obtained CCTV footage proving he acted in self-defense after being attacked first. Charges were dropped after we presented the evidence to the prosecutor. Total time in custody: 36 hours instead of potential months.
🇩🇪 German Driver — High-Level DUI
A German resident was arrested with a breath alcohol level of 0.78 mg/l — well into criminal territory.
Challenge: She faced up to 6 months in prison, a €6,000 fine, and a 3-year driving ban.
Our solution: We presented evidence of her clean record, employment situation, and family circumstances. The court imposed a suspended sentence (no prison), €2,500 fine, and 18-month ban — significantly less than the prosecution requested.
🇺🇸 American — Drug Possession
An American student was caught with a significant quantity of cannabis in Valencia. Police initially suspected trafficking.
Challenge: Trafficking charges carry sentences of 3-9 years in prison.
Our solution: We demonstrated the drugs were for personal use, not sale. We presented evidence of his student status and lack of any trafficking indicators. Charges were reduced to possession, resulting in a fine only — no prison, no criminal record for trafficking.
🇳🇱 Dutch Businessman — Fraud Investigation
A Dutch businessman with property investments in Spain was accused of fraud by a former business partner.
Challenge: Complex financial allegations involving multiple companies and significant amounts.
Our solution: We conducted a detailed analysis of all transactions, proving our client acted in good faith and within legal bounds. After 14 months of investigation, all charges were dismissed.
🇬🇧 British Couple — False Domestic Violence Claim
During a bitter divorce, a man was accused of domestic violence by his estranged wife. A restraining order was issued.
Challenge: He couldn’t return to his own home or see his children.
Our solution: We gathered evidence including witness statements and phone records showing the allegations were false. The restraining order was lifted, and he regained access to his children. The divorce proceeded with proper custody arrangements.
🚔 Emergency Arrest — Prison Assistance
A foreign national was arrested at Alicante airport on an international warrant. He was taken directly to prison.
Challenge: Immediate intervention needed to prevent extradition and secure release.
Our solution: We visited him in prison within 24 hours, filed urgent applications to contest the warrant, and eventually secured his release on bail pending resolution. He was not extradited.
📋 Criminal Record Cancellation
A British resident had a drink-driving conviction from 5 years ago that was affecting his employment opportunities.
Challenge: He needed to clear his criminal record to work in a regulated profession.
Our solution: We applied for cancellation of criminal records (cancelación de antecedentes), demonstrating he had completed his sentence, paid all fines, and had no further offences. His record was cleared within 3 months.
What Our Clients Say
⭐⭐⭐⭐⭐ 72+ Five-Star Reviews on Google
“I highly recommend Tomas for anyone needing legal support in Spain. They guided me expertly through a difficult situation, showing deep knowledge of Spanish law, attention to detail, and clear communication throughout. Reliable, efficient, and trustworthy.” — Lisa D., United Kingdom
“Professional and knowledgeable expert. Highly recommended.” — C. Arkesteijn, Netherlands
“A seasoned lawyer with in-depth legal expertise.” — F. Mooij, Netherlands
“A very personal service and advised me very well abroad!” — Liam S., Germany
Why Choose Tomas Ballestero Lawyers?
| What We Offer | What This Means for You |
|---|---|
| 30+ years experience | Deep knowledge of Spanish criminal law |
| 24/7 emergency response | Immediate help when you’re arrested |
| English-speaking lawyers | Clear communication in your language |
| International specialists | Experience with foreign clients’ needs |
| Aggressive defense | We fight for the best possible outcome |
| Local offices | Based in Jávea and Valencia |
| 72+ five-star reviews | The best-rated law firm on the Costa Blanca |
The Criminal Process in Spain — What to Expect
Stage 1: Arrest & Detention (0-72 hours)
You can be held for up to 72 hours. You have the right to a lawyer immediately. Do not make any statements without your lawyer present.
Stage 2: Court Appearance
You appear before an investigating judge (Juez de Instrucción) who decides on bail, charges, and whether you can leave Spain.
Stage 3: Investigation (Instrucción)
Evidence is gathered by both prosecution and defense. This can take months depending on complexity.
Stage 4: Trial (Juicio Oral)
If the case proceeds, you face trial before a criminal court. We represent you and present your defense.
Stage 5: Sentence & Appeal
If convicted, you can appeal the sentence. We advise on appeal strategy and chances of success.
Areas We Cover
We provide criminal defense services throughout Costa Blanca and Valencia:
Costa Blanca North:
- Jávea / Xàbia
- Dénia
- Moraira
- Calpe
- Benissa
- Altea
- Benidorm
Costa Blanca South:
- Alicante
- Torrevieja
- Orihuela Costa
Valencia Region:
- Valencia city
- Gandía
- Oliva
We attend police stations, courts and prisons throughout the region.
Frequently Asked Questions
What should I do if I’m arrested in Spain?
Stay calm and request a lawyer immediately. Do not answer questions or sign anything until your lawyer arrives. You have the right to remain silent — use it.
Can I choose my own lawyer or must I use the court-appointed one?
You have the right to choose your own lawyer. Court-appointed lawyers (abogado de oficio) are free but often overworked. Having your own criminal defense lawyer means dedicated attention to your case.
How long can police hold me without charges?
Up to 72 hours. After that, you must be released or brought before a judge.
Will I get a criminal record for drink-driving in Spain?
If your alcohol level exceeds 0.60 mg/l breath (1.2 g/l blood), it is a criminal offence and yes, you will receive a criminal record. Below this level, it’s an administrative offence (fine only, no criminal record).
Can I leave Spain while facing criminal charges?
This depends on the judge’s decision. For minor offences, you can usually leave. For serious charges, your passport may be retained.
What happens if I don’t speak Spanish?
You have the right to an interpreter at all stages — police station, court, and meetings with your lawyer. We also provide English-speaking lawyers who communicate directly with you.
Can a criminal record be cleared?
Yes, after certain periods depending on the offence (typically 6 months to 5 years after completing your sentence). We can apply for cancellation of criminal records.
What’s the difference between prison and a suspended sentence?
A suspended sentence means you don’t go to prison unless you commit another offence during the suspension period. Many first-time offenders receive suspended sentences.
Who We Help
We regularly assist:
- British tourists and residents facing criminal charges
- Irish clients arrested in Spain
- American and Canadian citizens needing criminal defense
- Dutch, Belgian and German nationals
- Drivers charged with drink-driving/DUI
- Business people facing fraud allegations
- Anyone arrested who needs immediate legal help
Contact Us — 24/7 Emergency Line
Are you facing criminal charges in Spain? Have you been arrested or need urgent legal help?
Contact our firm immediately for emergency assistance or a confidential consultation.
📞 Telephone (24/7 for emergencies)
+34 965 792 946
+34 607 320 768
✉️ Email
info@lawyerssolicitorsjavea.com
📍 Our Offices
Jávea (Head Office) Avenida del Pla, 126, 2nd Floor Offices 28 A and 28 B 03730 Xàbia/Jávea, Alicante
Valencia Calle Burriana, 34, 1st Floor Valencia
Emergency Service
24 hours a day, 7 days a week
When your freedom is at stake, you need experienced lawyers who will fight for you.
Tomas Ballestero Lawyers – Over 30 years defending international clients in Spanish criminal courts
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