Why foreigners get caught out
Groups of friends often give statements to the police that contradict each other, and witnesses leave the island within days. The CCTV of bars and streets is overwritten quickly. Calling a lawyer early allows the evidence to be requested before it disappears and the statements to be prepared properly.
The first hours
At the station
The detainee is informed of the reasons for the arrest and their rights, in a language they understand. They can ask for a lawyer of their choice, for their family to be told and for their consulate to be informed. See your rights when arrested in Spain.
The lawyer's visit
Before any interview, the detainee can speak privately with their lawyer. It is usually wise not to make a statement until the lawyer has seen the police report and any images.
The duty court in Palma
Within 24 to 48 hours, the detainee is taken to the duty court in Palma. The judge hears them, the alleged victim and witnesses, and decides on release and conditions. In assault, theft or damage cases, the prosecutor may offer a plea deal with a one-third reduction.
Typical Magaluf cases
- Fights on the strip or outside clubs: see assault charges.
- Snatched phones and chains, often charged as robbery with violence.
- Damage to hotel rooms, furniture or cars.
- Resisting or assaulting officers during an arrest, which can add a serious charge.
Plea or trial?
A plea deal can close the case before the flight home, often with a fine or a suspended sentence. But it creates a criminal record. If the evidence is weak, or self-defence is arguable, rejecting the plea and asking for a trial can lead to an acquittal, and the trial can sometimes take place without the defendant if the prosecution seeks up to two years. See fast-track trials.
For parents of young travellers
If your son or daughter has been arrested, call us with their full name, date of birth and where they were staying. We locate the station, attend the detainee and keep you informed. If they are under eighteen, the juvenile justice system applies.
A practical example
Two English friends were arrested on Punta Ballena after a fight with another group. One was accused of breaking a man's nose. The bar's CCTV, which we requested that morning, showed the other group starting the fight. At the duty court we rejected the plea, and the case against our client was dismissed. Read arrested in Mallorca. More information in English on the firm's main website: English-speaking lawyers at Castell Abogados.
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about arrests in Magaluf
Where will I be taken if I am arrested in Magaluf?
Usually to a station in Calvià or Palma, and then to the duty court in Palma.
Can I fly home after the court hearing?
Usually yes, unless the judge imposes a travel ban or detention.
Should I accept a plea deal to catch my flight?
Only after advice. It closes the case quickly but leaves a criminal record.
Can my parents get me a lawyer from home?
Yes. They can call us and we will attend the police station.