Arrested in Spain: What to Do Right Now (2026 Guide)

If you or someone you know has just been arrested in Spain, the decisions made in the next few hours will significantly affect the outcome of any criminal proceedings. This guide explains exactly what to do — and what not to do — from the moment of arrest.

Your Rights When Arrested in Spain

Under Article 520 of Spain’s Criminal Procedure Act (LECrim), every person detained in Spain has the following rights from the moment of arrest:

• Right to be informed of the charges against you, in a language you understand.
• Right to silence — you cannot be compelled to testify against yourself (Art. 24.2 of the Spanish Constitution).
• Right to a lawyer of your choice before making any statement to police.
• Right to a private consultation with your lawyer before any interview.
• Right to a forensic medical examination if you request it.
• Right to an interpreter if you do not speak Spanish.
• Right to notify a family member or consulate of your detention.
• Right not to be held more than 72 hours without being brought before a judge.

The Most Important Rule: Do Not Speak to Police Without a Lawyer

Many people believe that cooperating with police or providing explanations will help their case. This is often a serious mistake. Anything you say can be used against you in court. Exercising your right to silence is not an admission of guilt — it is a constitutional right.

Do not answer questions, sign documents, or make any statement until your own lawyer is present.

Duty Solicitor vs. Your Own Lawyer

If you do not have a lawyer, the police will assign a duty solicitor (abogado de oficio). While duty solicitors are qualified, they are often overworked and have little time to prepare your case. For serious charges, retaining a specialist criminal lawyer immediately is strongly advisable.

Call RINBER Immediately

RINBER Abogados provides 24-hour emergency assistance for people arrested anywhere in Spain. We speak English and can attend at any police station or court across the country.

Call now: +34 627 467 042. First consultation is free.