Criminal Defense Lawyer in Spain

Exercise your right to remain silent and request a lawyer immediately. Under Spanish law (LECrim, Articles 118 and 520), you have the right to choose your own attorney and to contact your country’s consulate. Do not sign any documents until your lawyer has reviewed them. Police detention is limited to 72 hours, after which you must be brought before a judge or released.

You will be taken to a police station (comisaría) in Valencia, where you have the right to a lawyer, an interpreter and a phone call. If you do not appoint your own lawyer, a public defender will be assigned, but they may not speak English. Within 72 hours, you must be brought before an investigating judge at the Ciudad de la Justicia de Valencia, who will decide whether to release you, impose bail or order preventive detention. Having an English-speaking criminal lawyer present from the first hour is critical to protect your rights and avoid mistakes that cannot be undone later.

The most significant difference is that a judge, not the police or prosecution, leads the criminal investigation in Spain. There are no juries for most offenses. Victims can actively prosecute alongside the state through a mechanism called acusación particular, meaning defendants may face two separate accusers in court. Prison sentences of up to two years can often be suspended for first-time offenders, which is a key element of defense strategy.

Yes. Sanahuja Abogados Penalistas has its headquarters in Valencia and provides English-speaking criminal defense. We attend police stations, courts at the Ciudad de la Justicia and the Provincial Court of Valencia. Unlike general-practice firms that offer criminal law as one of many services, our entire team works exclusively in criminal defense, which means deeper expertise and faster response times for urgent situations.

You need a Spanish lawyer (abogado) who is a member of a Spanish Bar Association (Colegio de Abogados). Foreign lawyers cannot represent you in Spanish courts. However, your lawyer at home can work alongside your Spanish attorney to coordinate your defense, which is especially common in extradition cases, European Arrest Warrants and cross-border financial crime investigations.

Drug offenses in Spain carry prison sentences ranging from 1 to 3 years for basic trafficking of «soft» substances (cannabis) up to 6 to 9 years for «hard» substances (cocaine, heroin, MDMA). If aggravating factors apply, such as large quantities, organized networks or use of minors, sentences can reach 13.5 years. Many international clients face charges related to drug importation through Valencia’s port or Spanish airports. A specialized defense focuses on challenging the chain of custody, the legality of searches and the forensic evidence.

In many cases, yes. EU citizens can apply for a transfer under the EU Framework Decision on mutual recognition of custodial sentences (Framework Decision 2008/909/JHA). Non-EU nationals may be eligible under bilateral prisoner transfer treaties, such as the Council of Europe Convention on the Transfer of Sentenced Persons. Your lawyer can advise on whether a transfer is possible in your specific case, the timing requirements and how to initiate the process.

A conformidad is an agreement with the prosecution to accept certain facts in exchange for a reduced sentence. It is similar to a plea deal in common law systems but works differently in practice. It can make sense when the evidence against you is strong and the sentence reduction compensates for the risk of going to trial. The decision is always based on a realistic assessment of the probable outcome, the potential sentence and the procedural cost. Your lawyer will never pressure you into a conformidad without explaining every alternative.

It depends on the type of procedure. A fast-track trial (juicio rápido) can be resolved within weeks. A shortened procedure (procedimiento abreviado), which covers most crimes carrying up to 9 years in prison, typically lasts several months. Complex economic crime cases or proceedings with multiple defendants can extend beyond one year. The investigation phase at the Ciudad de la Justicia de Valencia sets the pace, and an experienced defense lawyer can use procedural tools to prevent unnecessary delays or, when beneficial, to gain time for building a stronger defense.

Fees depend on the phase (police station, investigation, trial, appeals), the complexity of the case and the volume of evidence. We offer a free initial consultation to assess the scenario and provide a clear, written estimate based on the scope of the work. For urgent matters such as police station attendance in Valencia, Madrid or Castellón, fees can be discussed immediately by phone at 616 869 785.