Do I have to testify if I am summoned as a suspect? Your rights

If you have received a court summons to give a statement as a suspect ("investigado"), the short answer is this: you have the right not to testify, to be assisted by a lawyer and to know what you are accused of before you say a single word. What you say that day can weigh on the whole case, so it is worth knowing exactly how these rights work.

What does being summoned as a suspect mean?

"Investigado" is the term Spanish law uses for a person to whom a possible offence is attributed while the judge investigates it. It does not mean you have been convicted or formally charged: the court is checking certain facts and you have the opportunity to defend yourself from the very beginning. That is why a summons as a suspect always comes with a set of rights.

Your rights when you are summoned to testify

The Spanish Criminal Procedure Act (article 118) and the Spanish Constitution (article 24) grant the suspect, among others, the following rights:

• The right to be informed of the facts attributed to you and of any relevant change.
• The right to examine the case file with enough time to prepare your defence.
• The right to choose your lawyer and to be assisted by them during the statement; if you cannot afford one and meet the requirements, to free legal aid.
• The right to remain silent, not to testify against yourself and not to plead guilty.
• The right to an interpreter and to the translation of essential documents if you do not speak Spanish.

Can I really refuse to testify?

Yes. A suspect is not obliged to testify or to answer every question. You can refuse to testify altogether, answer only some questions or answer only your own lawyer's questions, which is a very common option when the content of the case file is not yet well known. Exercising this right is not an admission of anything: silence alone does not prove guilt.

Unlike witnesses, a suspect is not required to swear or promise to tell the truth. That does not mean it does not matter what you say: an improvised statement, with contradictions or with details that had not been checked, can make the defence harder later on.

When is it advisable to testify, and when not?

There is no single answer. It depends on what is in the case file, on the evidence and on your version of events. In general:

• It may be advisable to testify when you have a clear, documented and consistent explanation that dismantles the accusation from the start.
• It may be advisable not to testify (or to do so later) when you have not yet been able to see the case file, when there are technical aspects to study or when any detail could be misinterpreted.

This decision is made with your lawyer and after reviewing the case file, never blindly in the court corridor. Moreover, testifying is not a one-off act: in many cases you can ask to testify again when the defence considers it appropriate.

What happens if I do not attend the summons?

Not attending is a serious mistake. If you fail to appear without a justified reason, the judge can turn the summons into an arrest warrant. If you have a reason why you cannot attend (illness, an unavoidable trip, a clash with another court hearing), your lawyer must notify the court and justify it before the date.

Common mistakes we see in Almería

• Going to testify without a trusted lawyer and without having read the complaint.
• Thinking that "telling everything" always helps and volunteering information nobody had asked for.
• Talking about the matter with the other party, with witnesses or on social media while the investigation is ongoing.
• Not keeping documents, messages or evidence that could help the defence.

If you want to know what to do in the first hours after receiving the summons, we explain it in Summoned as a suspect in Almería? 3 keys to your criminal defence. And if a relative has been arrested, read Arrested in Almería: what to do if a relative is arrested.

Do you need a criminal lawyer in Almería?

At Castillo & Martín Abogados we support you from the summons onwards: we review the case file, prepare your statement with you (or the decision not to testify) and assist you at court in Almería, El Ejido, Roquetas de Mar or Vera. Call us or message us on WhatsApp at +34 722 48 46 43, or book an appointment on our contact page.

Diego Castillo Barroso / Alejandro A. Martín Barrera