You have just been told that your father, your son, your partner or your brother has been arrested in Spain, and you do not know where they are, what happens next, or what you can do. That mix of fear and paralysis is exactly what every family in your situation feels, and it is worse when the arrest happens in a country whose legal system you do not know. The good news: in the next few hours there are concrete things you can do, and some of them make a real difference. This guide gets to the point: what you must be told, what not to do, and how to get them the best possible defence from the very first statement.
First things first: the information you are entitled to
The detainee has the right to have the fact of the arrest and the place of custody communicated to the person they designate. In other words, the call you received (from the police or from them) is their right, and with it you already have the essential piece: where they are.
From there, information about the case will not be given to you: the details of the facts and the police report are handled by their lawyer. Do not take it personally when the police tell you nothing more; that is normal, and the channel for finding out is the lawyer.
What NOT to do in the next few hours
The mistakes of the first hours are made by families with the best intentions. The two most costly ones:
- Do not discuss the case on the phone, not with them and not between relatives. Not on the call from the police station and not in later conversations. What is said can end up in the proceedings.
- Do not turn up at the police station demanding to see them or to argue. There are no family visits during detention and creating a conflict only hurts. Going there to drop off their medication or to give the name of the lawyer, yes; to fight, no.
How to appoint a private lawyer (and why before they make a statement)
You, as a family member, can find and appoint a private lawyer to assist the detainee; they will have to accept the appointment. If no one is appointed, a duty lawyer will assist them.
Timing matters more than anything else: the lawyer’s assistance covers the first statement at the police station, and that statement can condition everything that comes afterwards. A lawyer brought in on time can meet with them, see the police report and prepare the most important decision of those hours: to make a statement or to exercise the right to remain silent. As a general rule, very little or nothing is said at the police station, but that decision must be made with the lawyer, not on instinct. If your relative does not speak Spanish, they are also entitled to an interpreter.
On cost, I will tell you what I always say: it depends on the case and you will know in advance. There is an honest guide on what a criminal lawyer costs in Spain, legal aid included.
The 72 hours: what is going to happen
Police detention in Spain lasts a maximum of 72 hours; within that period your relative must either be released or brought before a judge. In practice, most transfers to court happen well before the limit, since detention must last no longer than strictly necessary.
Within that window come the police booking, the statement (or the decision not to make one), and the preparation of the police report. If you want the hour-by-hour detail, it is in the guide to the first 72 hours after an arrest in Spain, and the legal framework of detainees’ rights is in Article 520 of the Spanish Criminal Procedure Act.
When they go before the judge: the three outcomes
After the court appearance, the scenarios are essentially three:
- Release, with or without measures (passport withdrawal, periodic court appearances, a ban on leaving the country).
- Provisional release on bail, if the judge sets it.
- Pre-trial detention, the harshest one, which requires specific conditions and can be fought: which ones and how, in the guide to the requirements for pre-trial detention in Spain.
This is where the family’s preparation can genuinely show, because personal and family ties weigh in the decision.
While you wait: gather what can help them
There is something useful you can do from home: document their ties to Spain. An employment contract or work history, a rental contract or property deeds, the municipal register (empadronamiento), dependent children, medical reports if they are under treatment. That dossier, in the lawyer’s hands before the court appearance, is used to argue for release against a request for pre-trial detention.
Habeas corpus: what it is actually for
Habeas corpus is an urgent procedure for a judge to review the lawfulness of the detention itself: detentions without cause, outside the legal grounds, or exceeding the time limits. It is not a tool to argue the merits of the case or to “get them out” because the family believes they are innocent. Used well it is a powerful safeguard; used badly, a waste of time. It is a decision for the lawyer to weigh.
This article is for information purposes only and does not constitute legal advice. Every case has specific circumstances that can completely change the analysis. If you need guidance on your situation, speak to a criminal defence lawyer.
