Arrested in Almería: what to do if a relative is arrested

Getting a call saying that a relative has been arrested is distressing. You do not know where they are, why they were taken or what will happen. What is done in those first hours can shape the whole proceeding, so it is worth being clear about a few things.

1. Find out where they are and why

The arrested person has the right to have their arrest and the place where they are held communicated to a relative or to whoever they choose. In the province of Almería, they will usually be at a National or Local Police station, or at a Guardia Civil post (El Ejido, Roquetas de Mar, Vera, Níjar…). If you have been called, write down the place, the police force and, if they tell you, the reason.

2. They have the right to their own lawyer

If they do not appoint anyone, a duty legal aid lawyer is assigned. But the detainee, or their family on their behalf, can appoint a lawyer of their choice, who must attend as soon as possible. That lawyer can speak privately with them before they make a statement and be present during it.

3. Making a statement is not compulsory

The detainee has the right to remain silent, not to answer some or all of the questions, not to testify against themselves and not to plead guilty. Often the most prudent course is not to make a statement at the police station until the lawyer has seen the police report and designed the strategy. What is said in the heat of the moment is very hard to correct later.

4. Their other rights

• To be informed of the facts they are accused of and the reasons for the arrest.
• To access the parts of the file essential to challenge the arrest.
• To be assisted free of charge by an interpreter if they do not speak or understand Spanish.
• To be examined by a doctor.
• To request habeas corpus proceedings if the arrest is unlawful.

5. How long can the arrest last?

The arrest cannot last longer than strictly necessary to clarify the facts and, at most, 72 hours. After that period, the detainee must be released or brought before the judge. In practice, most arrests end within hours or the following day, with release from the police station or transfer to the duty court.

6. What happens at the duty court

Before the judge there may be a fast-track trial, a plea agreement with a reduced sentence or a hearing to decide on precautionary measures, such as pre-trial detention, a restraining order or the withdrawal of the passport. It is a decisive moment: already having a lawyer who has known the case since the police station makes the difference.

What you can do as a relative

• Stay calm and do not go to the police station to argue.
• Call a trusted criminal lawyer and give them the place of the arrest.
• Gather useful documents: ID card or NIE, employment contract, registration certificate (padrón) or medical reports, which can help avoid precautionary measures.
• Do not discuss the case by phone or WhatsApp with third parties.

Do you need a criminal lawyer in Almería?

At Castillo & Martín Abogados we personally handle every criminal and prison law matter in Almería city and throughout the province: El Ejido, Roquetas de Mar, Vera, Berja, Huércal-Overa, Purchena and Vélez-Rubio. Call us on +34 722 48 46 43 or write to us through our contact page.

Diego Castillo Barroso / Alejandro A. Martín Barrera