Arrested in Spain — What You Need to Know Right Now

Reviewed by Javier Rincón Bernal, member of the Málaga Bar (ICAMálaga) since 1999. Last updated 19 April 2026.

Arrested or detained? Call our emergency line immediately: +34 627 467 042 (24 hours)

Being arrested in Spain is a frightening experience, especially if Spanish is not your first language and you are unfamiliar with the Spanish legal system. This guide explains exactly what happens, what your rights are, and what you should and should not do.

The most important thing you can do — before anything else — is call a criminal lawyer. Do not make any statement, do not sign anything, and do not answer questions until your lawyer arrives.

The Spanish Arrest Process: Step by Step

When you are arrested in Spain, the police (National Police or Civil Guard) will take you to a police station. Here is what happens next:

Arrested in Spain — What You Need to Know Right Now

Your Rights Under Spanish Law (Article 520 LeCrim)

The Spanish Constitution and the Criminal Procedure Act (Ley de Enjuiciamiento Criminal) guarantee you the following rights from the moment of arrest:

The right to remain silent

You are never obliged to give a statement against yourself. You can refuse to answer any or all questions from the police. In Spain, unlike in the UK, there is no legal risk associated with remaining silent — the police cannot use your silence against you.

The right to a lawyer

You have the right to a lawyer of your choice present at all times during the police process. If you cannot afford one or do not have one, a duty lawyer (abogado de oficio) will be appointed. We strongly recommend requesting a specialist criminal lawyer rather than relying on the duty lawyer — duty lawyers are generalists and are not always specialists in criminal law.

The right to an interpreter

If you do not understand Spanish, you have the right to a free interpreter throughout the entire process — at the police station and in court. The police are obliged to provide this.

The right to consulate notification

If you are a foreign national, the police must notify your country’s consulate or embassy of your arrest. If they do not do this automatically, ask your lawyer to ensure it happens.

The right to a medical examination

You have the right to be examined by a forensic doctor (médico forense) to certify your physical condition at the time of arrest. This is important if you have any injuries or health conditions.

The right to communicate

You have the right to notify a family member or person of your choice of your detention. In some cases involving organised crime, a judge can restrict this right temporarily.

What NOT to Do If You Are Arrested

• Do not make any statement without your lawyer present
• Do not sign anything without your lawyer having reviewed it
• Do not try to explain or justify yourself — anything you say will be recorded
• Do not lie to the police — this can make your situation significantly worse
• Do not consent to a search beyond what the police are legally entitled to do — ask your lawyer
• Do not assume that cooperating without legal advice will help you — it often does not

The 72-Hour Rule: What Happens After Arrest

Spanish law sets a maximum of 72 hours for police detention (detenció preventiva). Within that time, the police must either release you or hand you over to a judge.

If you appear before a judge, the judge will decide one of three things:

• Release you without conditions (libertad)
• Release you with conditions — such as surrendering your passport, reporting to a police station regularly, or paying a bail deposit (fianza)
• Order pre-trial detention (prisión provisional) — meaning you remain in prison while the case is investigated

The judge’s decision on pre-trial detention depends on the seriousness of the offence, the evidence at this stage, your ties to Spain, and the risk of absconding. A skilled criminal lawyer can make a decisive difference at this stage by presenting arguments for your release or for the least restrictive conditions possible.

Common Situations Where English Speakers Are Arrested in Spain

Arrested at an airport or port

If you are stopped at Málaga Airport, the Port of Málaga, or any other point of entry or exit with controlled substances, the police will detain you immediately. Most holidaymaker arrests happen on the coast, where our criminal lawyers on the Costa del Sol cover Marbella, Fuengirola and Torremolinos. Drug trafficking charges in Spain carry sentences of between 3 and 9 years for standard cases, and up to 21 years in cases involving large quantities or organised crime. Call a criminal lawyer immediately.

Arrested after an altercation or incident

Fights, arguments, or incidents involving injury — even if you were acting in self-defence — can lead to criminal charges in Spain. The injured party can file a denuncia (criminal complaint) and the investigation proceeds independently of whether they later withdraw it. A lawyer needs to be involved from the earliest possible stage.

Called to the police station to give a statement

Being called to give a statement (citado a declarar) does not always mean you are formally arrested, but it can lead to arrest. You have the same rights as a detainee. Always bring a lawyer. Never go alone to give a statement in a criminal investigation.

Arrested in relation to an ongoing investigation

If you are arrested as part of an ongoing investigation into drug trafficking, economic crime, or organised crime, this is among the most serious situations you can face. In these cases, the investigation may have been running for months or years, and the evidence against you may already be substantial. You need an experienced criminal specialist, not a general lawyer.

How We Help

RINBER’s English-speaking criminal lawyers have experience in every type of criminal case that affects foreign nationals in Spain. We will:

• Attend you at the police station as quickly as possible
• Advise you on whether to give a statement or remain silent
• Review the evidence and assess the case honestly
• Apply for bail (libertad provisional) or challenge pre-trial detention before the judge
• Communicate with your family and consulate
• Handle the entire case from arrest through to verdict and any appeal

Call now: +34 627 467 042 | lawyer@rinberabogados.com | 24 hours, 365 days

Related Legal Guides

• Arrested in Spain: What to Do Right Now (2026 Guide)
• How the Spanish Criminal Court System Works

English-speaking defence from the first minute of arrest

Arrest does not wait. Do not make any statement to the police without your lawyer. Call us first.

01

Call us

Call +34 627 467 042. Available 24 hours, English-speaking. We answer immediately.

02

We arrive

We attend the police station or court of instruction before any statement is taken.

03

We defend

We activate the defence strategy from the first second of the detention.

Related guides: Arrested in Spain as a Foreigner · The Criminal Trial Process in Spain · Extradition from Spain · Robbery Charges in Spain · Burglary Charges in Spain · Shoplifting Charges in Spain · Criminal Lawyer in Spain