No. The interview with the lawyer always is after the declaration, ounce declaration has been taken it is possible to gather with the lawyer in an office or a room of the police station or quarters. That is why it is of vital importance that the detainee considers if he has his situation very clear or waits to talk first with a lawyer.
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Frequently asked questions assistance 24 hour
Consult our sections to clarify your possible inquires and contact with our team to resolve your situation.
Can I speak with a lawyer before declaring?
How much time can I be arrested?
In a maximum of 72 hours the detainee must be released or put under judicial custody. Normally in 24 hours maximum the detainee is taken under judicial disposition. If this limit is exceeded the officers can incur in criminal responsibilities. The usual is that if the detention has been in the afternoon, at the next morning is taken under judicial disposition.
Do they have to inform me of the cause if the detention?
Yes. At the moment of the arrest the officer must indicate the motive of the detention as clearly as possible.
In what consists to be "put under judicial disposition"?
To go under judicial disposition consists in passing to legal custody in order to take declaration to the detainee about the acts with which he is charged. Ounce taken declaration before the judge he decides if it proceeds to release or in the contrary must enter in provisional prison in a penitentiary centre.
What deadline does the judge have to settle the release?
Once the detainee goes under judicial disposition, the judge has another 72 hours to agree on the release or entry in prison.
Is it obligatory to declare before the police?
No. The detainee can chose between declaring before the police or the national guard, or to have a reunion with a lawyer and declare before the judge. The lawyer that assists him can’t advice a priori if you must declare or not, however in practice in most of the police offices it is permitted.
Can I request the Habeas Corpus?
It is a process that is meant to guarantee the right for individual freedom of the people and that consists in taking the detainee immediately under judicial disposition. In this respect it is interesting to indicate that it has to be requested the detainee or any close relative. It can also be requested by the ombudsmen or the public prosecutor. However, our advice is to not request the Habeas Corpus, unless the situation is extremely critical since the judges and police officers are not fond of it and your situation can get worse.
Can I make a call?
Not exactly. You have the right for the public authority that has arrests you to communicate the person whom you indicate. You simply have to indicate the name of the person and how to contact him. When your lawyer arrives asked him to revise if it features in the report if such call has been made.
Can I go to the doctor?
Yes. The detainee has the right to be examined by a forensic doctor. The possibility of going to the doctor is interesting in the case of being ill as in the case of having suffered any kind of mistreatment. If when you are arrested you require to be examined by a doctor and the police ignore your request, communicate it to your lawyer so that it is him who requires it.
In what consist a public assigned lawyer?
When a person does not have a lawyer, he is given the option of having assigned a public one. A public lawyer is a lawyer that appears in the bar association’s list of your town that can assist you in al the procedure. The administration will require the detainee that he certifies that he counts with no resources to afford a lawyer. If you exceed the limit of income you must pay off the costs of the public lawyer, it is convenient to avoid abuses in the fees to go to the bar association and ask for information about those fees. If you don’t pay out the public lawyer’s fees, when being obligated, for perceiving more income of those necessary for being granted the public legal aid, the lawyer can request it to you judicially.
Can I ask for an interpreter?
Yes. You can request to the police the presence of an interpreter. It has to be requested to the police officer and the interpreter can assist the detainee throughout the whole process. However if you understand Spanish perfectly, do not request for an interpreter as this can slow down the procedure and you will remain arrested during more time until the interpreter arrives.
Since the moment I hire the services from Ability Abogados, how much time will it take to come to make the assistance for the detainee?
The approximate time for the lawyer to arrive at the quarters where the person is found arrested will be one and a half hours depending of the place of detention and the traffic.
How much time passes from when the judge takes declaration until he releases you?
It depends on the courts, each court has his own protocol, there are courts that right after taking declaration , issue and notify order for release or prison, others on the contrary first take declaration to all those arrested that day, and afterwards notify the orders for release or prison.
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