Why foreigners get caught out
The worst decisions are taken in the first hours: answering questions without advice, signing documents you do not understand or accepting a plea deal just to get home. Families also lose time trying to find out where the person is held. A lawyer can locate the detainee, attend the interview and prepare the court hearing.
What happens after an arrest
At the police station
The person is taken to a police station, usually in Palma, Calvià, Ibiza or Maó depending on where the arrest took place. Their belongings are recorded and they are informed in writing, in a language they understand, of the reasons for the arrest and their rights. Read your rights when arrested in Spain.
The lawyer's visit
Before any police interview, the detainee can speak privately with their lawyer. If they have not chosen one, the Bar Association sends a duty lawyer. A lawyer chosen by the family can replace the duty lawyer at any time.
The police interview
The detainee can make a statement, refuse to answer some questions or remain completely silent and say that they will only speak before the judge. An interpreter must be present if they do not understand Spanish.
Release or the duty court
For minor matters, the police may release the person with a summons to appear at court. Otherwise, they are taken to the duty investigating court (juzgado de guardia), where the judge hears them and decides on release, conditions or, rarely, pre-trial detention.
Fast-track cases
Assault, theft, drink driving or domestic violence cases often go to a fast-track trial. The prosecutor may offer a plea deal at the duty court with a one-third reduction. It can be a good solution, but it is a conviction: get advice before accepting it.
What families can do
- Call us with the detainee's full name, nationality and where they were arrested.
- We locate the police station and arrange for a lawyer to attend.
- Contact the consulate, which can provide information and support but not legal defence.
- Keep the detainee's passport details, hotel or address and flight times at hand.
After release
Release does not always mean the case is over. Ask for copies of every document, give a reliable address for notifications and keep in contact with your lawyer. See leaving Spain during a criminal case.
A practical example
An Irish holidaymaker was arrested in Playa de Palma after an argument with security staff. His family called us from Dublin at midnight. We attended the police station, advised him not to make a statement until we had seen the CCTV and, at the duty court the next day, obtained his release without restrictions. The case was later dismissed. 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 being arrested in the Balearics
How long can the police hold me in Spain?
Only as long as strictly necessary and never more than 72 hours before release or being brought before a judge.
Can my family choose my lawyer?
Yes. The detainee or their family can appoint a private lawyer, who replaces the duty lawyer.
Will my consulate get me out?
No. Consulates can inform your family and check on your welfare, but they cannot act as your lawyer.
Should I accept a plea deal to fly home?
Only after advice. A plea deal is a conviction and creates a criminal record.