A Practical Guide for German-speaking and Anglo-American Nationals
Been arrested by the police in a foreign country can be a distressing and confusing experience — especially if you don’t speak the language or understand the legal system. If you are a national of Germany, Austria, Switzerland, the UK or the US and you — or someone close to you — have been detained in Spain, this guide explains what to expect and what to do next.
RBS Legal 👉 We are a Spanish law firm with criminal defense attorneys fluent in English and German, ready to assist from the first moment of detention.
1. First Things First: Your Rights as a Detainee in Spain
From the moment of arrest, Spanish law guarantees you fundamental rights:
- The right to remain silent — you are not obliged to speak to the police.
- The right to a lawyer — from the outset, even during police questioning.
- The right to a qualified interpreter — free of charge, in your language.
- The right to consular assistance — your consulate must be notified if you request it.
- The right to inform a trusted person — such as a family member or friend.
📌 If you have been detPolice must ensure that you are provided with legal and language assistance immediately upon arrest.
2. Police Station: Should You Make a Statement?
In most cases, we strongly advise not to give a statement at the police station. Why?
- Your lawyer has limited or no access to the police file at this stage.
- The information disclosed by the police is often incomplete or vague.
- You are likely in a stressful or emotional state, which may hinder clear communication.
- There is no time to prepare your version of events, verify facts, or assess the legal consequences.
⛔ It is usually safer to wait until you appear before the investigating judge, where your legal team will have more insight and can guide you properly.
3. How Long Can You Be Held?
Under Spanish law, police can hold a detainee for up to 72 hours — but most individuals appear before a judge within 24 to 48 hours.
During this time:
- You will be held in a police cell, not a prison.
- You will be assisted by a duty lawyer or a private attorney appointed by you or your family.
- Your family or friends can help contact a specialized criminal lawyer.
🕒 These first hours are crucial for preparing a proper legal defense.
4. Consular Support: Don’t Skip This Step
Under Article 36 of the Vienna Convention, you have the right to consular support.
Your consulate can:
- Notify your relatives,
- Provide a list of local attorneys,
- Explain legal procedures in your language.
✉️ Request consular assistance as soon as possible. It adds another layer of protection.
5. What Happens After Seeing the Judge?
⚖️ Criminal proceedings in Spain can have serious consequences, including in your home country.
For example:
- Spain shares convictions with other EU states via ECRIS (European Criminal Records Information System).
- A conviction in Spain may affect your immigration status, job prospects, or future travel visas in the EU or US/UK.
After your appearance before the investigating judge (juez de instrucción), the judge will decide whether:
- You are released with or without charges,
- You must follow precautionary measures (e.g., passport surrender), or
- You are placed in pre-trial detention (in serious cases).
The case may proceed via:
- Fast-track proceedings (juicio rápido) — typically resolved in days or weeks, or
- Ordinary criminal investigation — involving evidence gathering, witness statements, and expert reports.
🔓 If pre-trial detention is ordered, bail (fianza) may be requested later. Judges consider the damage alleged and the accused’s financial means.
✅ Good to know: After this first appearance, your personal presence is often no longer required. Your lawyer can represent you in most procedures — many of which can be handled online or via video conference.
6. How We Can Help — In Your Language
- Emergency assistance at police stations,
- Defense in court, including bail requests,
- Liaison with your family and embassy,
- Ongoing representation, even if you return to your country.
💬 We speak your language. We know how the Spanish system works. And we are here to protect your rights.
📞 Contact us immediately if you or a loved one has been detained in Spain.
⏱ The first hours matter. Don’t face the Spanish legal system alone.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice.
❓ Frequently Asked Questions
🔹 1. What should I do immediately after being detained in Spain?
Stay calm. Politely request a lawyer and an interpreter — both are your legal rights. Do not sign or say anything until you’ve spoken to legal counsel.
🔹 2. Should I speak to the police or make a statement at the station?
In most cases, it’s better to wait. At this early stage, you and your lawyer may not have access to the full file. It’s usually safer to remain silent until you’re brought before the investigating judge.
🔹 3. Will I have to stay in Spain during the legal process?
Not necessarily. After the first court hearing, many clients are allowed to return home. Your lawyer can represent you in most steps — even remotely, via video calls.
🔹 4. Can my embassy help me if I’ve been arrested?
Yes. You have the right to consular assistance. Your embassy can contact your family, explain procedures in your language, and provide a list of local lawyers.
🔹 5. Will a Spanish conviction affect my record in Germany, the UK, or the US?
Yes. Spain shares criminal records with EU countries and others through bilateral agreements. A conviction here could impact your visa status, employment or future travel.
