What to Do If You're Arrested: A Step-by-Step Guide
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Being arrested is a situation that creates enormous psychological pressure. Fear, confusion, and disorientation can lead you to make serious mistakes that could significantly complicate your legal situation.Knowing your rights and taking the right steps from the very beginning can make the difference between a favorable outcome and an avoidable conviction.
At Ricardo Molina & Asociados, as criminal defense attorneys in Alicante with over 30 years of experience, we have seen how many cases become unnecessarily complicated due to decisions made in the first few minutes of an arrest. This guide explains exactly what to do.
Your fundamental rights when you are arrested
The Spanish Constitution and the Criminal Procedure Act recognize a number of inalienable rights for any person who is arrested. The police arerequired by lawto inform you of these rights at the time of your arrest. They are as follows:
- You have the right to remain silentand not to incriminate yourself. You may respond to any question by saying, “I exercise my right to remain silent.”
- You have the right to remain silent, even if the evidence seems overwhelming.
- The right to have a lawyerof your choice presentbefore you make any statement.
- The right to havea family member or someone you trust notifiedof your arrest.
- The right to have a medical examiner examine youif you request it.
- You have the right to an interpreterif you do not speak or understand Spanish.
- The right to be informed of the reasons for your arrestand your rights.
“No one may be arrested except in the cases and in the manner prescribed by law.” — Article 17 of the Spanish Constitution.
Step-by-step instructions
1. Stay calm
No matter how unfair the arrest may seem to you, any violent or aggressive reaction will only make your situation worse and could lead to additional charges.Take a deep breath, do not resist, and wait for your lawyer to arrive.
2. Contact a lawyer immediately
This is your most important right. Say out loud,“I want a lawyer.” From that moment on, the police must stop questioning you until your attorney is present. If you do not choose one, a public defender will be assigned to you, but we strongly recommend that you call a trusted attorney who specializes in criminal law.
At Ricardo Molina & Asociados, we are available 24 hours a day, 7 days a week to handle urgent arrests. Call us at +34 607 879 867
3. Don't sign anything without your lawyer
Under no circumstances should you sign any reports, statements, or documents before your lawyer has reviewed them.A signature could be considered a confessionor a waiver of important procedural rights.
4. Don't discuss the facts over the phone
Calls made from the police station may be recorded. Do not discuss the incident or give explanations to family or friends. Simply let them know that you have been arrested and that you are okay.
5. Observe and memorize everything
Make a mental note of the officers’ names and badge numbers, the location and time of the arrest, whether you were informed of your rights, and any irregularities in the procedure. This information could be crucial to your defense.
Mistakes You Should Avoid at All Costs
❌ Do not make a statement without your lawyer present.Even if the police tell you that “if you cooperate, things will go better for you,” you have every right to wait for your lawyer.
❌ Don't try to explain what happened.Anything you say can and will be used against you. Even an innocent explanation can be misinterpreted.
❌ Do not consent to a search without a warrantunless the police claim there is an emergency or a crime is being committed in your presence. Your lawyer will determine whether the search was lawful.
Legal time limits for detention
Spanish law establishes maximum detention periods that the police must strictly adhere to:
- 72 hoursis the standard maximum period. Once that time has elapsed, you must be released or brought before a judge.
- The judge may grant an additional 48 hoursif the police submit a well-founded request.
- Up to 5 daysin cases of terrorism, subject to prior judicial authorization.
If these time limits are exceeded, the detention becomesunlawful, which may render evidence obtained during that period inadmissible and result in liability for the officers.
Why You Need a Criminal Defense Attorney Right from the Start
The arrest phase is the most critical stage of the entire criminal process. What happens in the first few hours can determine the final outcome of the trial. Aspecialized criminal defense attorneycan:
- To prevent you from making statements that could harm your defense.
- Verify that the arrest was lawful.
- Request immediate release if any irregularities are found.
- Develop a defensive strategy from the very start.
- To accompany you during your statement before the investigating judge.
Our firm has criminal defense attorneys with extensive experience in all types of crimes. If you or a family member has been arrested,please contact us immediately. We act with the utmost speed and confidentiality.
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Do you have questions about your case? We can provide guidance at no cost and with no obligation.
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