Criminal Lawyers in Barcelona — English-Speaking Defence

Reviewed by Javier Rincón Bernal and Manuel Rincón Bernal, members of the Málaga Bar (ICAMálaga) since 1999. Last updated 13 November 2026.

If you have been arrested or charged in Barcelona, Spanish law gives you the right to a lawyer of your choice from the moment of arrest, a free interpreter, and the right to have your consulate informed. RINBER Abogados Penalistas defends English-speaking clients in Barcelona and across Spain, and our emergency line is answered 24 hours a day.

Last updated: 13 November 2026. Legal references checked against the consolidated Criminal Procedure Act (LECrim) and Criminal Code published by the BOE.

What happens after an arrest in Barcelona

Most arrests in Barcelona are made by the Mossos d’Esquadra, Catalonia’s police force. Criminal law and criminal procedure are national, so your rights are exactly the same whichever police force arrests you. A typical case moves through these stages:

1. Police custody. Detention may last only as long as strictly necessary for the investigation and never more than 72 hours before you are released or brought before a judge (art. 520.1 LECrim).
2. The duty court (juzgado de guardia). Barcelona’s courts sit in the Ciutat de la Justícia, Gran Via de les Corts Catalanes 111, on the boundary between Barcelona and L’Hospitalet de Llobregat. That is where detainees are brought before the investigating judge on duty.
3. First appearance before the judge. You can give a statement, answer only some questions or stay silent. The judge then decides whether you go free, go free with conditions, or are remanded in custody.
4. Investigation or fast-track trial. Serious cases go through a full investigation that can take months. Many everyday cases go through the fast-track procedure described below.
5. Trial. Less serious offences are tried by a Juzgado de lo Penal; the most serious by the Audiencia Provincial de Barcelona. Organised crime and large drug cases with a national dimension can end up before the Audiencia Nacional in Madrid.

Your rights in police custody

Article 520.2 LECrim requires the police to tell you in writing, in a language you understand, why you have been arrested and what your rights are. The most important ones are:

• The right to remain silent, not to incriminate yourself and to say that you will only speak before the judge.
• The right to choose your own lawyer. You do not have to accept the duty lawyer (abogado de oficio). If your chosen lawyer cannot be there immediately because of distance, you must be allowed to speak to them by phone or video call.
• The right to a free interpreter if you do not understand or speak Spanish, or the official language being used.
• The right to have a relative or another person told where you are, and, as a foreign national, to have your consulate informed, to be visited by consular officials and to communicate with them.
• The right to see the parts of the file that are essential to challenge the lawfulness of your arrest.
• The right to be examined by a doctor and to ask for free legal aid.

The most common mistake we see is a statement made at the police station, without proper advice, in a language the person only half understands. You can always reserve your statement for the judge.

Fast-track trials and plea agreements

Many cases involving visitors go through the fast-track procedure (juicio rápido). It applies to offences punishable by up to five years in prison that start with a police report, where the suspect was caught in the act or the offence is one listed in the law, including theft, robbery, domestic violence, road traffic offences and some drug offences (art. 795 LECrim).

In this procedure you can agree to the prosecutor’s charge at the duty court itself. If there is no private prosecutor, the offence carries up to three years in prison and the sentence requested, reduced by a third, does not exceed two years, the judge imposes the requested sentence reduced by one third (art. 801 LECrim). The offer can look attractive when you want to go home, but it is still a criminal conviction. Get independent advice before you accept it.

Common charges against visitors and expats, and the penalties

• Theft (hurto, art. 234 of the Criminal Code): six to eighteen months in prison if the value exceeds €400; a fine of one to three months if it does not, unless an aggravating circumstance applies. Someone with at least three previous convictions for offences of the same kind faces the higher penalty even for small amounts.
• Robbery with violence or intimidation (art. 242): two to five years in prison; three and a half to five years in an inhabited home or premises open to the public; the upper half of the range if weapons or other dangerous means are used.
• Assault causing injury (art. 147): three months to three years in prison or a fine of six to twelve months when the injury needs medical or surgical treatment beyond first aid. Minor injuries carry a fine of one to three months, and hitting someone without injuring them a fine of one to two months; these two lesser offences can only be prosecuted if the victim files a complaint.
• Drug offences (art. 368): three to six years in prison plus a fine of up to three times the value of the drugs for substances that cause serious harm to health, and one to three years in other cases. The court can lower the penalty by one degree for minor cases, unless aggravating circumstances apply. See our page on drug trafficking charges in Spain.
• Fraud, sexual offences and domestic violence: see fraud and economic crimes, sexual offences and domestic violence. In domestic violence cases the duty court can issue a protection order the same day, which may include leaving a shared home.

Leaving Spain while the case is open

If you are released while the case continues, you must appear in court on the dates set and whenever you are called, and the judge may order your passport to be withheld to make sure you do (art. 530 LECrim). Whether you can return home before trial depends on these conditions. Arguing for conditions that let you travel, or for a quick resolution of the case, is one of the first things we work on.

How we handle Barcelona cases

RINBER has its headquarters in Málaga and offices in Madrid and Marbella. For Barcelona cases we advise by phone and video from the first call, prepare written submissions from our offices, and travel to Barcelona for statements, hearings and trial. When something has to happen on the spot within hours, we tell you so honestly and coordinate the immediate steps with you and your family.

Questions clients ask us

Do I have to accept the duty lawyer?

No. You have the right to designate your own lawyer from the moment of arrest. If you have already been assisted by a duty lawyer, you can still change to a lawyer of your choice later in the case.

Will I have an interpreter?

Yes. If you do not understand or speak Spanish, you are entitled to a free interpreter at the police station and in court.

Will my embassy or consulate be told?

You have the right to have your consulate informed of your arrest and where you are held, and to receive consular visits. Consulates do not act as your defence lawyer, but they can help with family contact and practical matters.

Contact us

• 24-hour emergency line / WhatsApp: +34 627 467 043
• Javier Rincón Bernal, direct: +34 627 467 042
• Online: send a confidential enquiry