CRIMINAL DEFENSE · MADRID · 24/7
Criminal Defense Lawyer in Madrid
Arrested, investigated or summoned to court in Spain? Guardia Penal provides criminal defense in Madrid for foreign nationals, residents and visitors, with legal assistance in English from the first police interview through court proceedings and appeals.
Have you been arrested or summoned in Madrid?
Call +34 611 567 394If someone is currently detained, tell us their full name, the police station if known and any information available about the reason for the arrest.
Criminal proceedings in Spain when you are a foreign national
Being arrested or investigated in a foreign country creates an additional problem beyond the criminal allegation itself: you may not understand the Spanish procedure, the terminology being used or what will happen after you leave the police station.
Guardia Penal provides criminal defense in Madrid for foreign nationals, international residents and visitors who are arrested, investigated or required to appear before a Spanish criminal court.
Our first objective is to identify the procedural situation: what offence is being investigated, what evidence is currently available, whether there is an imminent police or judicial statement and whether any precautionary measure may be requested.
Criminal defense should begin before important decisions are made. A statement given at the police station, a plea entered during fast-track proceedings or a decision concerning precautionary measures may affect the entire case.
Criminal defense services in Madrid
We assist clients from the first police intervention through the investigation, trial and, where necessary, criminal appeals.
Police station assistance
Legal assistance for detainees, preparation before questioning and continued defense if the person is subsequently brought before a court.
Detainee legal assistance → Fast-trackUrgent criminal proceedings
Review of the police report, evidence, potential penalties and any proposed plea before important decisions are made.
Fast-track proceedings → Serious offencesSexual offence allegations
Defense from the first statement through the investigation of witness evidence, digital evidence, expert reports and precautionary measures.
Sexual offence defense → Drug offencesDrug trafficking investigations
Arrests, searches, seized substances, mobile phone evidence, alleged distribution and potential pre-trial detention.
Drug offence defense → Financial crimeFraud and financial offences
Criminal defense in fraud investigations involving contracts, bank transactions, online activity and alleged financial deception.
Fraud cases → Practice areasOther criminal offences
Our Madrid criminal practice covers a wide range of offences and procedural situations, from urgent arrests to serious criminal investigations.
View criminal practice areas →Your rights if you are arrested in Spain
A foreign detainee has the same fundamental procedural defense rights as any other person facing criminal proceedings in Spain.
These include the right to be informed of the allegations, the right to remain silent, the right not to incriminate yourself, the right to appoint a lawyer and the right to legal assistance without unjustified delay.
If you do not understand or speak Spanish, you are entitled to free interpretation in the circumstances provided by Spanish criminal procedure. This right extends to relevant police and judicial proceedings and to certain communications necessary to prepare the defense.
Spanish law also provides for translation of documents considered essential to the defense, including decisions ordering imprisonment, the formal accusation and the judgment.
You can consult the current Spanish Criminal Procedure Act through the official Spanish legislation database.
Key rights for foreign detainees in Spain
Understanding these rights is particularly important when you are dealing with the Spanish criminal justice system for the first time.
| Right | What it means | Why it matters |
|---|---|---|
| Legal assistance | You may appoint a private criminal lawyer or receive duty-lawyer assistance when applicable. | Legal advice should be obtained before making important decisions about questioning or the court proceedings. |
| Right to remain silent | You are not required to answer every question and may choose not to make a statement. | A statement should be made only after considering what is known about the allegation and available evidence. |
| Interpreter | If you do not understand the language of the proceedings, free interpretation must be provided in the circumstances required by law. | You must genuinely understand the proceedings in order to exercise your defense rights effectively. |
| Translation | Essential procedural documents may have to be translated into a language you understand. | Important decisions should not be accepted without understanding their legal meaning and consequences. |
| Consular assistance | Foreign detainees have rights concerning notification and communication with their consular authorities. | The consulate may provide practical assistance and information to nationals detained abroad. |
| Information about the allegation | You must be informed of the facts attributed to you and the reasons for the deprivation of liberty. | A defense cannot be properly prepared without understanding what conduct is actually being investigated. |
Do not make a police statement simply because you want to leave quickly
Foreign clients sometimes believe that answering every police question immediately will allow them to resolve the matter faster. That is not necessarily the case.
A police statement becomes part of the criminal proceedings and may later be compared with statements given before the judge or at trial.
Before deciding whether to make a statement, the defense should understand as much as possible about the alleged facts, the evidence currently available and the procedural situation.
In some cases, making a statement can be useful. In others, exercising the right to remain silent until more information is available may be the more appropriate strategy.
The decision must be based on the specific case rather than on a general rule.
What happens after an arrest in Madrid
The exact procedure depends on the offence and circumstances, but a criminal case may move quickly from police custody to a judicial hearing.
Police custody
The police carry out the initial investigation, inform the detainee of their rights and prepare the relevant police report.
Legal consultation
The defense assesses the known allegations and discusses whether it is appropriate to answer questions or exercise the right to remain silent.
Release or court
Depending on the case, the person may be released, summoned later or brought before the judicial authority for further proceedings.
Investigation and defense
If criminal proceedings continue, the defense reviews the evidence, requests appropriate investigative measures and prepares the strategy for the following stages.
Consular rights for foreign detainees
Spanish criminal procedure gives foreign detainees specific rights concerning their country’s consular authorities.
The detainee may have the fact of the detention and the place of custody communicated to the consular office and may communicate with the relevant consular authorities.
Foreign detainees may also receive visits from their country’s consular authorities and maintain communications with them in accordance with the applicable rules.
Consular assistance does not replace criminal defense. The consulate does not act as the criminal lawyer and does not determine the strategy of the Spanish criminal proceedings.
Common situations for international clients in Madrid
The correct response depends on the procedural stage. A person already detained requires a different strategy from someone who has received a summons for a future court appearance.
| Situation | Immediate priority | Potential next step |
|---|---|---|
| Arrested at a police station | Identify the allegation and prepare the police interview. | Release or appearance before the judicial authority. |
| Received a court summons | Review the complete summons, case number and capacity in which the person is required to appear. | Prepare the statement or hearing before attending court. |
| Fast-track proceedings | Review the police report, potential sentence and evidence. | Decide whether a plea is beneficial or the accusation should be contested. |
| Serious criminal allegation | Preserve evidence and assess the risk of precautionary measures. | Prepare the investigation strategy and any urgent court hearing. |
| Tourist due to leave Spain | Determine whether there is an active proceeding, summons or restriction affecting travel. | Organise representation and future court obligations before departure where legally possible. |
| Resident foreign national | Assess both the criminal risk and any potential wider consequences of the proceedings. | Coordinate additional specialist advice where the criminal outcome may affect immigration status. |
Is the prosecutor requesting pre-trial detention?
Pre-trial detention is not automatic. The court must assess the statutory requirements, the evidence and the specific procedural risks, as well as whether less restrictive measures may be sufficient.
Criminal defense when you do not know the Spanish system
Our role is not only to represent the client before the police and courts, but also to explain what is happening and what each procedural decision means.
Communication
Understand the proceedings
We explain the procedural stage, immediate risks and available options so that decisions are made with a clear understanding of their consequences.
Evidence
Review before deciding
Statements, police reports, messages, recordings, forensic evidence and documents should be assessed before defining the defense strategy.
Urgency
Act before the hearing
Whenever possible, the defense should be prepared before a police interview, court statement or urgent hearing rather than after the decision has already been made.
Strategy
Think beyond the first day
Decisions taken during an arrest or initial hearing should remain consistent with the strategy required later during the investigation, trial and any appeal.
Criminal defense in Madrid from Guardia Penal
Guardia Penal has an office at Calle Velázquez 120, 28006 Madrid, where we prepare criminal cases, review documentation and organise meetings with clients who require legal assistance in Spain.
Urgent criminal assistance is handled separately from the ordinary physical office schedule. If someone is detained or has an imminent court hearing, contact us by telephone first.
Many urgent criminal proceedings in Madrid involve police custody followed by judicial activity at the duty service of the Tribunal de Instancia in Plaza de Castilla. The exact court and location must always be checked against the case documentation.
For information about the Madrid duty court system, see our guide to the Madrid Duty Court. You can also view our complete criminal practice areas.
Need a criminal defense lawyer in Madrid?
Tell us whether there is an arrest, police investigation, court summons or ongoing criminal case and send the available procedural documents so that we can identify the immediate next step.
Guardia Penal · Calle Velázquez 120, 28006 Madrid · contacto@abogadourgentemadrid.es
Frequently Asked Questions About Criminal Defense in Madrid
Facing criminal proceedings in another country can be particularly difficult when you do not know the language or the Spanish court system. These are some of the questions foreign clients most frequently ask us.
I have been arrested in Madrid. What should I do?
Ask for a lawyer and avoid making a detailed statement until you have received legal advice. A detainee in Spain has the right to remain silent, to legal assistance and to be informed of the allegations against them. The defense should assess the available information before deciding whether it is advisable to answer questions.
What if I do not speak Spanish?
Spanish criminal procedure provides the right to free interpretation when a suspect or accused person does not understand or speak the language used in the proceedings. Interpretation may be required during police questioning, court hearings and relevant communications with the lawyer. Essential procedural documents may also require translation.
Can my embassy or consulate be informed if I am arrested?
Yes. Foreign detainees have specific consular rights. Spanish law provides for notification of the detention and place of custody to the relevant consular office and allows communication with consular authorities.
How long can the police keep me detained?
Police detention must last only for the time strictly necessary to carry out the relevant inquiries and, under the ordinary regime, cannot exceed seventy-two hours before the person is released or brought before the judicial authority. Particular legal regimes may have specific rules.
Can I choose my own criminal lawyer in Spain?
Yes. As a general rule, a detained person may appoint a private lawyer. If no lawyer is appointed, a duty lawyer will be provided in accordance with Spanish procedural law.