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 Offences
Drink-driving is treated in detail on our dedicated page. If you have been arrested or charged for driving under the influence of alcohol or drugs in Spain, please see our Drink-Driving Lawyer page for a full overview of Spanish DUI limits, penalties and defence strategy.
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 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.
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
- Benissa
- Altea
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.
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
📍 Our Offices
Jávea (Head Office) Avenida del Pla, 126, 2nd Floor Offices 28 A and 28 B 03730 Xàbia/Jávea
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
Related Legal Services
Drink driving and speeding offences in Spain carry serious penalties. Our traffic offence lawyers will defend your rights and minimise the consequences of any charges.
Criminal cases often have civil implications. Our civil litigation team can pursue parallel compensation claims against those who have caused you harm.
If you are the victim of a violent crime or assault, our personal injury lawyers can help you claim compensation from the offender or through the Spanish state fund.
Our solicitors in Javea provide urgent 24-hour assistance for foreign nationals arrested or detained anywhere on the Costa Blanca.
Criminal Lawyer Spain: Defence for Assault, Domestic Violence & Violent Offences
Being arrested in Spain for assault is a frightening experience, especially if you do not speak Spanish. As a specialist criminal lawyer Spain, our firm defends clients facing charges for assault, battery, domestic violence, and other violent offences under Spanish criminal law. If you need a lawyer for assault or an assault crime lawyer in the Costa Blanca area, we provide urgent legal representation at police stations, courts, and detention centres. Our criminal assault lawyer team handles cases involving bar fights, neighbourhood disputes, road rage incidents, and domestic violence lawyer cases with discretion and professionalism. We explain the penalties for assault in Spain — which range from fines for minor injuries to prison sentences of up to 4 years for serious assault — and build the strongest possible defence strategy for your case.
Drug Defense Lawyer & Criminal Offence Specialists in Spain
As an experienced drug defense lawyer in Spain, our firm handles all drug-related criminal charges including possession, trafficking, cultivation, and supply. Spanish drug laws distinguish between personal use (an administrative offence) and trafficking (a serious criminal offence carrying 3 to 6 years in prison), and having the right crime defense lawyer can make a critical difference to the outcome. We also serve as your shoplifting lawyer, larceny lawyer, and lawyer for stealing — defending clients charged with theft, robbery, burglary, and shoplifting across the Costa Blanca. If you face embezzlement charges or white-collar crime allegations, our embezzlement lawyer team provides expert defence in Spanish courts. As a criminal offense lawyer with decades of experience, we understand that every case deserves a vigorous defence regardless of the charge.
Criminal Record Lawyer: Clearing Your Record & Protecting Your Future in Spain
A criminal conviction in Spain can affect your residency status, employment prospects, and ability to travel. As your criminal record lawyer, we help clients apply for cancellation of criminal records (cancelación de antecedentes penales) once the legally required time has elapsed after serving your sentence. Whether you need a personal defense lawyer or a personal defense attorney for ongoing proceedings, or you want to clean your record after a past conviction, our criminal defense lawyer team guides you through every step. We also represent clients in appeals, sentence reductions, and pardon applications. Contact our criminal lawyer in Spain for a confidential consultation about your case — we serve clients throughout Jávea, Dénia, Valencia, and all of the Costa Blanca.
Frequently Asked Questions
Do I need a criminal lawyer immediately after being arrested in Spain?
Yes. Spanish criminal procedure moves quickly, and initial police declarations can be decisive. You have the right to a lawyer of your choice from the moment of arrest. Waiting for a court-appointed lawyer can limit your defence options — contact a private criminal lawyer as soon as possible so we can attend the police station and protect your rights from the start.
Will I have to attend court in person?
It depends on the type of offence. For minor matters, written statements and representation by your lawyer may be enough. For serious charges, personal attendance at specific hearings is normally required. We will advise you exactly when you need to appear and, where possible, arrange representation or Power of Attorney to reduce the number of trips to Spain.
Can you represent me if I don’t speak Spanish?
Yes. Our team speaks English and French, and we coordinate with sworn court interpreters for all official proceedings. You will always understand what is happening in your case, what is being said in court, and what your options are. All documents are explained in your language before signing.
What rights do I have if detained by Spanish police?
You have the right to remain silent, the right to a lawyer of your choice, the right to an interpreter, and the right to inform a relative or consulate of your detention. You must not be held more than 72 hours without being brought before a judge. If any of these rights are violated, it can be grounds to challenge the evidence or the detention itself.
Can a foreign criminal conviction affect my residency in Spain?
It can. Serious convictions — whether in Spain or abroad — may affect applications for residency, renewals, or Spanish nationality, and in some cases can trigger expulsion proceedings for non-EU citizens. If you have a prior conviction or are facing charges, it is important to assess the immigration impact at the same time as the criminal defence.
