Receiving a court summons, a call from the Police, or learning that someone has filed a complaint against you can raise many questions: do I have to give a statement? Do I need a lawyer? Could I end up in prison? How can I prove my version of events?
The first thing you should be clear about is this: being reported or investigated does not mean that you are guilty. The presumption of innocence and the right to a defense also protect those who do not yet know all the details of the accusation.
The Constitution recognizes the right to legal assistance, to use relevant evidence and not to testify against oneself.A well-planned legal defense begins by understanding what is happening and making informed decisions, not by improvising explanations.
What is criminal legal defense?
Criminal legal defense is legal assistance aimed at protecting the rights of a person who is accused of committing a crime. It does not simply consist of a lawyer accompanying the client during a statement or appearing on the day of the trial.
It includes legal advice, analysis of the accusation, preparation of the response and intervention at the different stages of the proceedings. Organic Law 5/2024 on the Right of Defense recognizes this protection broadly, including legal assistance and the safeguards necessary to defend one's rights and interests.
In practical terms, the first consultation should ideally answer three questions: what facts are being investigated, what evidence exists against you, and what actions need to be taken now.
When should I consult a criminal defense lawyer?
The recommendation is to do so as soon as you receive a summons, become aware of an investigation or are arrested. Waiting until the trial approaches can make it more difficult to prepare the case.
Before the consultation, gather the documents you have received and prepare a simple timeline. Keep the original messages, receipts and details of any potential witnesses.
Do not modify conversations or attempt to reconstruct evidence that does not exist.It is also important to identify the capacity in which you have been summoned. Appearing as a witness is not the same as appearing as a person under investigation: the obligations and rights associated with each position are different. Article 118 of the Spanish Criminal Procedure Act regulates the rights of a person who has been attributed a criminal offense.
Do I have to give a statement to the Police?
As a detained person or person under investigation, you have the right to remain silent and not to answer certain questions. When arrested, you also have the right to speak privately with your lawyer before giving a statement, under the terms established by law.
The decision to give a statement should be made after receiving legal advice. There is no universal answer that applies to every proceeding.In some cases, it may be useful to provide an explanation from the outset. In others, it may be advisable to wait until you have a better understanding of the documentation and prepare a subsequent statement.
Exercising the right to remain silent does not amount to acknowledging the facts.A landmark judgment: detainees must be informed of the reasons for their arrestConstitutional Court Judgment 21/2018, of 5 March, examined a case in which sufficient information had not been provided about the reasons for the arrest or access to the essential elements needed to assess its legality.
The Court found a violation of the right to personal liberty. Its practical importance is clear: it is not enough to communicate the name of a crime in general terms; the information must allow the person to understand why they have been arrested and to challenge the legality of the measure.
This does not mean that there is automatic and unlimited access to the entire police file, but rather to the essential elements necessary for that purpose.
What can a lawyer do before trial?
During the investigation, the defense can request investigative measures, submit documentation, participate in statements and challenge decisions when appropriate. It can also request the dismissal of the proceedings if it considers that there are insufficient grounds for continuing them.
Preparation should not be limited to looking for contradictions in the complaint. It is advisable to check what information is missing, what evidence can be verified and what explanation is actually supported by the documents.For example, when the accusation relies on messages, it is important to review the entire conversation and establish its attribution. When an assault is alleged, it is advisable to organize the sequence of events and examine the testimonies and medical documentation together.
How much does legal defense cost?
Before hiring a lawyer, ask for clarification about which actions are included: assistance at the police station, judicial investigation, trial, appeals or enforcement of the judgment. Do not assume that a fee covers all stages.The Law on the Right of Defense provides for the right to receive information about costs and to request a prior fee estimate. This information should help you make a clear decision, not add uncertainty to the proceedings.
**Criminal legal defense in AlicanteIf you have received a complaint or a summons, the first step is to review the documentation and assess your specific situation.Contact Brandi Abogados to review your criminal proceedings and prepare your defense from the earliest stages.**
