When a person has been detained, our experience tells us that counting with a criminal lawyer since the arrest, to be present at his declaration at the police station and in the court, is crucial as they are two of the most important moments of the defense
If you are detained call a lawyer of confidence.
Know that the authority agents or the judge must concede up to 8 hours for the lawyer you have chosen to arrive.
Due to the promptness of the events it can occur that at first you do not know any professional that can assist you in your first declaration, and would be assisted by an assigned counsel, that will be free of cost, except if the Benefit Of Legal Aid is denied, this occurs if your income exceeds from 1065 euros, if the family unit is composed by just one member, 1331,24 euros if it is composed up to three and 1.597,55 if it is composed up to four members. In the case that the free legal aid is denied, take in consideration that you must pay the fees of the public aid lawyer, without the chance of choosing a lawyer of your confidence. But afterwards you can always renounce to the assigned legal lawyer, paying off his fees and assign another private lawyer. In this case, it is necessary to ask for the name, telephone and address of the layer that assisted you, in order for us, or the lawyer that you choose afterwards for your defense, can contact with him in order to ask for the perceptive professional leave, to take over your defense.
If you have lost the name and the contact details of your lawyer, you only have to go to the court or to the corresponding bar association, identify yourself with your I:D number, passport or NIE ( foreign identification number ) and explain that you need the details of your lawyer; they will provide them, but only to you.
If you are cited or called to declare in the police station , the Civil Guard or at the courts, call us immediately to help accompany and assist you.
Attend with a layer of confidence because on the contrary they will assign you a public aid lawyer and you can wait until he arrives , a maximum of 8 hours, considering additionally that if you do not have a right for free legal aid you must pay his fees.
You have the right for not declaring at the police or Civil Guard office, and to declare, if you desire, at the court.
At the moment of the detention, if you think you have committed an act that the police can reproach, it’s better to not declare, as the information that they will give you, as the one that your lawyer might have at that moment is very limited, and the declaration in those conditions can later on turn against you. As a general rule it preferable to declare at the court, as we will have the right to interview with you after the police proceeding and before declaring at the court. Besides, we can review the proceedings in the court, if these have not been yet declared secret, and advise you about what you have to express in your declaration.
However, in cases of minor importance it is convenient to declare because in exchange the police will let you free, if your lawyer so recommends you must fallow his advice.
Even so, always distrust of the recommendations and promises from the police that they make when you are alone with them without your lawyer.
Once your declaration or manifestation that you will not declare are finalized and even if you have decided not to declare, you have the right to a private interview with your lawyer.
In this interview that you will maintain alone, you must explain all the details to your lawyer, so that he can correctly defend you. Do not worry; he can not talk about anything you tell him as he is subject to professional secrecy.
Do not permit to get intimidated by the police or civil guard:
- Do not declare under no circumstances without the presence of our lawyers
- Don’t sign anything without having one of our lawyers in front
- Against any aggression, physical abuse, threat or duress, ask for the Habeas Corpus, in the same way ask for it if you think you have been illegally arrested or without motive. – It’s a procedure of legal deposition. It can be applied by the detainee, his spouse or similar, parents, sons or brothers. It must be done trough a writing or appearance before the judge, expressing name, circumstances of the applicant, location of the detention and the reason for the application.. It’s a procedure that implicates that the judge on call has to PHISICALY VIEW the detained person in the judicial court or in the detention centre, request the Habeas Corpus only when it is strictly necessary.
- Request to be attended by the doctor if you are injured, have any mental problem, have consumed drugs or alcohol, ( This can be useful in providing a foundation for a possible reduction in a possible sentence if it is certified that you where under the effects of the mentioned substances), or you need to take medication, this right will be useful in the case that you are ill and must take medication, as for the police will not give any medication if a doctor doesn’t say so. In the same way, if being detained you feel sick, you can ask to be taken to a doctor at any moment.
Mistreatment in hands of the police is not frequent, but the case can be given. If you suffer mistreatment during the detention or custody at the police station, you must also request to be taken to the doctor. At the moment you are released, go to an emergency centre or hospital.
Keep the reports and papers that they give you at the emergency centre or hospital, and contact your lawyer of your confidence to prepare the complaint against what they have mistreated you.
Try to remember the faces of the aggressors and their physical appearance, as of the car plates of the police cars that where involved, the time and place as concrete as possible, and all the details that you can remember, so in that way locate the aggressors.
The reports from the doctor from whom the police took you, as the report elaborated at the centre that you will go to when you are released, are enormously important, without those reports you can not do anything.
It is very important that for any aggression on part of the agents that took part of the detention, you must not communicate them that you are going to report them, because the experience demonstrates us that in these cases they will accuse you of resistance to the authority, or attack with the finality to justify that they have needed to apply the indispensable strength to proceed with your arrest.
Keep any documents that can help you out in your defense
and remember the names or other details to identify the witnesses.
Know that since you are arrested until you are taken before a judge there cannot be more than 72 hours.
You must be informed of the motives of your arrest, at the same time that it is taking place ( it’s good to memorize the hour of the detention). In the same way the agents that proceeded in the detention must identify themselves. You have absolute right to remain silence and to not declare against you or to not declare guilty.
You have a right for the police to communicate by phone your situation to whom you request, family, friends.
If you are a foreigner, you have the right for the presence of an interpreter at your declaration and to communicate your arrest to the consulate or embassy of your country.
After these procedures with the police
You will be brought under judicial disposition. As a general rule you will be brought under judicial disposition the next morning. The judge will decide about you personal situation, meaning if he puts you on provisional release, or provisional prison. In the court you can again visit a doctor if you where to be ill or feel sick.
In the instruction court you will be asked to give an address where you can be located. You must give an address where they can notify you, and communicate any change of address, because if you are not located or you do not present yourself when you are requested, they will call for your search and arrest.
Even if you have been arrested, you must not get desperate or discouraged.
Many possibilities of defense exist in all cases, as it is not enough with being arrested, the police and the prosecution must proof that you are the perpetrator of the offense that they accuse you of.
You must distrust of the fast and way to easy solutions.
That are always accompanied by money requirements. If anybody offers you resolving your problem in exchange for money, he will only be taking advantage of your situation and cheating you.