Why foreigners get caught out
Duty lawyers are qualified criminal lawyers, but they may meet the detainee for the first time minutes before the interview, may not speak their language and often cannot follow the case after the duty shift. For a foreigner who will leave Spain soon, continuity and communication in English matter as much as the first hearing.
How the duty lawyer system works
The Bar Associations of the Balearic Islands organise rotas of lawyers available 24 hours a day for police stations and duty courts. When a detainee does not appoint a lawyer, the police request one and the lawyer on duty attends, advises the detainee privately and assists at the interview and the duty court hearing.
Is the duty lawyer free?
Not necessarily. The duty lawyer is paid by the State only if the client is granted free legal aid (justicia gratuita). This depends on income and assets. Spanish law recognises the right to legal aid in criminal proceedings for foreigners who are in Spain, but they must apply and prove insufficient means. If the application is not made or is refused, the duty lawyer can charge their fees.
Changing to a private lawyer
You can appoint a private lawyer at any time: at the police station, at the duty court or later. The new lawyer informs the court and the previous lawyer, who passes on the file. There is no penalty for changing, and it does not affect how the court sees your case.
Who can appoint a private lawyer?
The detainee can name a lawyer directly. A family member or friend can also contact a lawyer, who then goes to the police station; the detainee confirms the appointment.
What to look for in a private criminal lawyer
- Experience with fast-track trials and the duty courts of the island.
- Communication in your language without depending on a third party.
- Availability at night and at weekends for arrests.
- The ability to follow the case after you return home.
- A clear quote in writing.
Your rights do not change
Whatever lawyer you have, your rights are the same: to remain silent, to a private consultation before the interview and to a free interpreter. Read your rights when arrested in Spain.
A practical example
A Belgian tourist arrested in Palma was assisted by a duty lawyer who advised him well at the police station, but who could not follow the case once he went home. His family appointed us the next day. We took over the file, attended the hearings and kept him informed by email until the case was 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 duty lawyers in Spain
Is a duty lawyer free in Spain?
Only if you qualify for free legal aid. Otherwise the duty lawyer can charge their fees.
Can I change my duty lawyer?
Yes. You can appoint a private lawyer at any stage of the case.
Can my family hire a lawyer for me while I am in custody?
Yes. The family can contact a lawyer, who goes to the police station; you then confirm the appointment.
Do foreigners have the right to legal aid in Spain?
In criminal cases, foreigners in Spain can apply for legal aid if they lack sufficient means.