24-Hour Attorney for Detained Individuals

24-Hour Legal Representation for Detained Individuals

An arrest requires acting quickly, but also in an orderly manner. Before making any decisions, it is important to know where the arrested person is being held, which police agency is handling the case, whether a statement is scheduled to be taken at the police station, and whether the person may be brought before a judge.

IN DIEM ’s 24-hour legal service for detainees is designed for individuals who have been detained, as well as their family members and close associates, who need urgent criminal defense assistance following their arrest. The initial consultation helps organize the information, prepare legal representation, assess the situation, and avoid making hasty decisions before giving a statement.

Not all arrests unfold in the same way. Some take place at police stations; others may lead to court or an expedited proceeding. Therefore, the first step should be to assess the actual situation and act accordingly.

Emergency Assistance When a Person Has Been Arrested

When a detained person is unable to clearly explain where they are or what is happening, the family often needs initial legal guidance. At that point, it is important to gather the available information: full name, place of detention (if known), the law enforcement agency involved, the police station or Civil Guard post, and any communications received.

The priority is not to make assumptions, but to verify the available information and prepare the attorney’s case. A phone call, a text message, or incomplete information may not accurately reflect the status of the case. Therefore, it is important to evaluate each piece of information carefully.

If the urgent matter is part of a broader legal need, the 24-Hour Lawyers provides access to the general section on emergency assistance. This page, however, focuses solely on arrests and detention.

What Can a Lawyer Do in the Event of an Arrest?

The attorney steps in to protect the detainee’s rights, assist with the relevant proceedings, and provide guidance on how to proceed before giving a statement. The attorney’s role is not to promise a specific outcome, but to ensure proper legal representation from the very beginning.

In the event of an arrest, assistance may include locating the detention facility, coordinating with family members, preparing for the interview with the detainee, assisting with police or judicial proceedings, and reviewing the situation after the proceedings have concluded.

When an arrest leads to proceedings before the police or the Civil Guard, legal representation at the police station becomes particularly important. The statement, the explanation of rights, the private interview, and the lawyer’s involvement must be handled judiciously and without improvisation.

In other cases, the arrest may be linked to complex circumstances, prior complaints, financial disputes, allegations of fraud, or crimes committed through digital means. If the matter involves payments, identity theft, investments, or online fraud, it may also be necessary to consider retaining a lawyer specializing in fraud and cybercrime.

Rights of the Detained Person and Legal Assistance

The Spanish Constitution recognizes the right to liberty and security and establishes specific safeguards for any person who is detained. The Criminal Procedure Act sets forth the rights associated with arrest, including the right to be informed of one’s rights, the right to legal counsel, the right to remain silent, the obligation to report the deprivation of liberty, and other essential aspects of criminal proceedings.

Article 520 of the Criminal Procedure Act governs key issues regarding arrest, notification of rights, legal assistance, and the involvement of a lawyer. While this legal provision is important, an informational webpage is no substitute for a specific analysis of the case.

In practice, a lawyer’s value lies in applying those rights to a real-world situation: what charges are being brought, what investigative steps will be taken, what information is available, whether or not it is advisable to testify, what documents should be reviewed, and what actions may follow.

Legal counsel allows the detainee to prepare for questioning before giving a statement, provides support during the proceedings, and helps assess the scope of the proceedings. A private meeting with an attorney—when permitted by law—is a particularly important opportunity to organize one’s thoughts and avoid giving impulsive answers.

These guarantees are set forth, among other provisions, in the Spanish Constitution, the Code of Criminal Procedure , and the Organic Law on the Right to a Defense.

Arrest, police station, and bringing the suspect before a judge

An arrest may initially take place at a police station and, depending on the case, may be followed by further proceedings. It should not be assumed that every arrest will result in a statement, release, expedited trial, or a specific court appearance. This will depend on the proceedings, police actions, and the decisions required by law.

If a statement is to be taken at the police station, it is advisable for the detainee to seek legal counsel before making a statement. Making a statement without understanding the scope of the facts, without reviewing the available information, or without considering the best strategy may affect the subsequent course of the case.

When a detained person is summoned to appear in court or the case is fast-tracked, a lawyer specializing in expedited trials can review the documentation and the court date. This page does not cover the fast-track trial process in detail, but it does help identify when an arrest may lead to immediate legal action.

If you have not been arrested but have received an unexpected summons to appear at a police station, court, or government office, a lawyer faced with an urgent summons can assess how to proceed. The distinction is important: a summons that does not involve detention requires a different approach.