DESPACHO BRANDI ABOGADOS.
NUESTRAS RAMAS DEL DERECHO

CRIMINAL LAW

Dealing with the criminal justice system can be incredibly overwhelming. Whether you are the target of an investigation, have been criminally charged with a felony, or are concerned you may be charged, you need to be confident that you are being both proactive and aggressive in your efforts to protect your legal rights.

It may be that we find ourselves in the other side of the situation. Being a victim of a crime is often a traumatic experience that needs not only a diligent professional to handle the issue, but also someone to guide you through the tough process of a criminal accusation.

We offer the best criminal defense to companies and private citizens.

• Complaints and Grievance, Minor Offences, Speedy Trials, Abbreviated Proceedings.
• Traffic accidents and offences against road safety: traffic accidents, drink/driving under the influence of alcohol, refusal to submit to breathalyser tests, driving without a licence, reckless driving, speeding, damage, driving under the influence of drugs, omission of the duty to assist, escape from the scene of an accident...
• Crimes with violence and against sexual freedom: injuries, rioting, threats, coercion, illegal detention, kidnapping, torture, domestic and gender violence, restraining order, homicide and murder, sexual abuse, sexual harassment, sexual assault, exhibitionism, illegal possession of pornography, procuring, prostitution...
• Offences against the administration and general interests: assault, resistance and disobedience to authority, slander and libel, non-payment of pensions, breach of sentence, computer crimes, medical malpractice, false accusation and denunciation...
• Prison law: review of the qualification of prison grades, ordinary and extraordinary permits, third grade, conditional release, appeals for protection and cassation...
• Criminal defence of minors: juvenile reform proceedings, juvenile detention, probation, out-of-court mediation and conciliation, review of measures imposed in sentences...
• Drug trafficking: drug trafficking, cultivation of narcotics, manufacture, possession and distribution of drugs...
• Crimes against property: misappropriation, theft, fraud, robbery, theft, false documents, receiving, damage...
• Economic and business offences: asset stripping, punishable insolvency, tax offences, corporate offences, money laundering...

PENITENTIARY LAW

The primary purpose of penitentiary institutions is the re-education and social reintegration of prisoners.

Being in prison does not mean that we should neglect our rights. As penalists, our responsibility to our clients does not end when we are inside the prison system. It goes beyond that. We must ensure that our clients' most fundamental rights and freedoms are respected both inside and outside prison.

We advise on the penitentiary regime and treatment of inmates' rights.

We deal with the execution of criminal sentences, the formulation of appeals against the decisions of the Courts and Tribunals and the Prison Supervision and Prison Administration Courts, the transfer of foreign prisoners, their expulsion from the national territory and we evaluate the possibility of applying for Parole as a form of suspension of the execution of the prison sentence.

We assist in:

• Processing and Cancellation of Criminal Records
• Complaints to the Supervisory Court
• Transfer requests
• Permits
• Applications for Conditional Release
• Applications for Provisional Release
• Sentence Reviews
• Compensation for Time in Prison

COMMERCIAL AND CORPORATE LAW

Being this area one of the specialties of the firm, from the creation of a new company, to the need to liquidate it for economic reasons, we offer an assistance service to private citizens and companies to carry out their commercial activity in the best way possible.

However, when commercial relations encounter a conflict and disagreements arise, a legal assistance that offers the best guarantees, rigorous work and seriousness, are the best combination to face a commercial litigation.

• Creation of a company. We explain the different types of companies that exist in Spain, as well as the characteristics and requirements of each one. Subsequently, we guide you through the different steps that must be taken to create the company and put it into operation.
• Structural modifications. It may also be the case that the company is already created and needs to make a structural modification (spin-off, merger, transformation...). In these cases, our team will take care of everything necessary to properly carry out the process. In addition, as these processes may have repercussions in other areas, such as accounting and labor, we will inform you of all the consequences that you should know.
• Contract law. Companies, once they have been created, usually relate to other companies through the figure of the contract. If you need to draft or review any type of commercial contract, we have the experience and reliability to take over.
• Insolvency proceedings. When a company finds itself in a situation of non-payment to its suppliers, it can declare itself in insolvency proceedings. It is a serious situation that can end with the extinction of the company, so it is necessary to take action. It is very important to have a lawyer as soon as possible to guide us on what measures to take, so contact us if you need help with this issue.
• Assistance to self-employed. Self-employed persons are individual entrepreneurs, who are governed by somewhat different rules than social entrepreneurs. If you are self-employed and need help with your business, just contact us and we will help you with everything you need: starting up your business, hiring employees, subsidies, etc.

TORTS

Claiming a debt can be a tedious procedure that sometimes it is convenient to refer to a professional who has the experience to speed up this type of procedure. In addition, claims for checks, invoices, policies, bills of exchange and promissory notes are also services performed by the firm.

Many times these claims do not require the judicial process, but when the case arises, the corresponding executive and declaratory actions will be carried out, proceeding in the necessary cases to the seizure of the assets and the presentation of third party claims of ownership and of better right.

Among the civil matters in which the firm assists, are:

• Traffic Accidents
• Claims for injuries and property damage
• Claims for loss of profits and consequential damages
• Proceedings for payment of damages
• Claims and defense in proceedings related to construction
• Actions related to the recovery of property and domain
• Demarcation. Claim of ownership
• Communities of Owners
• Horizontal Property Law. Challenge of agreements. Non-payment of quotas. Neighborhood relations.
• Lease Contracts. We draft and review housing lease contracts and commercial premises lease contracts.
• We carry out feasibility studies in case of eviction.
• We advise on the rights and obligations of the parties based on the law of urban leases.

LITIGATION AND ARBITRATION

Litigation and arbitration are core practices of the firm. Both involve the development of an intensive preventive advisory activity aimed first and foremost at avoiding legal disputes and, if unavoidable, at securing a solid position in the proceedings for the client.

For mainly commercial and civil disputes, arbitration is a more than convenient method, replacing or running parallel to the judicial process, either to end it or to reduce the inherent conflicts of interest and economic risks.

We are represented in all types of national and foreign arbitration tribunals.

WHAT IS ARBITRATION?

Arbitration is a system for resolving commercial disputes as an alternative to the courts of law.

WHAT HAPPENS AT THE END?

An "arbitration award" is issued, which is enforceable, final and has the effect of res judicata from the moment it is issued by the arbitrators.

WHAT ARE THE ADVANTAGES OF ARBITRATION PROCEEDINGS?

One of its main advantages is its specialization, as it allows each dispute to be resolved by the most suitable arbitrator in terms of capacity, qualifications and experience.

Furthermore, the average duration of an arbitration procedure is 9 months.

INHERITANCE LAW

In the field of inheritance law, it is of utmost importance to act with caution. Not only are we sometimes faced with complex bureaucratic situations, but also with family disputes.

From a deep knowledge of the law and experience with matters of this nature, we ensure an orderly inheritance procedure and always trying to avoid disputes between those involved in the same.

What is a will?

The last will and testament is the declaration of last will and testament by which a person can determine what should be done with his or her estate after his or her death. It is an instrument regulated in our Civil Code, between articles 662 to 743, thanks to which we can avoid the application of the rules of intestate succession (without a will).

What happens when the deceased does not have a will?

The so-called intestate, legal or legitimate heirs are those who, in the absence of a will, the law designates as heirs of the deceased.

Pursuant to Article 913 of the Civil Code, when there is no will, the law defers the inheritance to:

1. The relatives of the deceased.
2. The widow or widower.
3. The State.

Therefore, the forced or legitimate heir will be present in any succession, whether or not there is a will.

While the abintestato, legal or legitimate heir will only concur in successions without a will.

What services does the firm provide?

• Advice on the execution of wills.
• Negotiation and claims between heirs and beneficiaries.
• Acceptance and adjudication of inheritances.
• Judicial claims of inheritance and legitimate.
• Inheritance tax processing and liquidation.
• Advice on inheritance tax planning.

FAMILY LAW

The rupture of an affective bond sometimes results in the rupture of a legal bond.

The assistance in this type of procedure is particularly delicate. Depending on whether or not a couple has children, on the type of breakup we are facing (whether it is by mutual agreement or not), the best strategy will be developed both to negotiate and to face a contentious divorce litigation with the maximum guarantees for the assurance of their assets and the welfare of the common children.

• Separation and Divorce
• Paternal and filial measures
• Judicial Incapacitation and Guardianship

DEBT COLAIM

Regardless of whether it is a debt arising in the business or private sphere, Brandi Abogados will assist you in the collection of said debt:

• Studying the viability of the claim in an amicable way and, alternatively, in a judicial way.
• Obtaining reports on the assets and solvency of the debtor to assess the real possibility of debt collection, and from this information to assess whether or not it is feasible to claim through the courts.
• Carrying out the negotiations that are appropriate to the case, drawing up deferred payment agreements, debt acknowledgements, etc.
• Making a formal claim by means of a burofax in the event that the defaulter is not willing to pay voluntarily.
• We recommend the most appropriate type of legal proceedings for the case and we handle the entire legal proceedings until the sentence to pay the debt is obtained.
• Finally, we handle, if necessary, the legal proceedings for the enforcement of the sentence to pay the debt in order to obtain the effective payment of the debt and the lawyer and solicitor's fees (costas) related to the legal proceedings.

WHAT IS MEDIATION?

Court litigation is not the only way to solve a conflict. They require solutions that make sense from the point of view of a particular business or situation and that avoid the risks inherent in a possible court decision contrary to the interests of those who find themselves in this situation.

In these cases, mediation provides a cost-efficient and less time-consuming solution. The mediation process is a fast alternative to solve commercial and private conflicts without breaking or deteriorating the relations with its counterparts, due to the absolute confidentiality of the process and because it requires the will of the parties, step that supposes a great advantage in order to solve the matter.

Mediation is a procedure that is becoming more and more standardized in Spain, and its resolutions are not only legally effective, but also proven to be efficient in maintaining the results obtained through it over time.

WHAT MATTERS CAN I TAKE TO A MEDIATION PROCEDURE?

Civil or commercial matters can be taken to mediation, including cross-border conflicts, as long as they do not affect rights and obligations that the regulations prevent the parties from disposing of.

Mediation can therefore be applied to any conflict (private nature) between parties, such as, for example, in the case of labor, business, civil, family, health or school disputes.

PHASES OF THE MEDIATION PROCESS

First of all, it is important to highlight the figure of the Mediator. This is a professional who will objectively and proactively try to help the parties to reach an agreement, not being able to favor one over the other at any time.

1ST PRE-MEDIATION PHASE

It consists of an interview between the mediator and the parties. The objective of this is to obtain information about the situation, to transmit confidence (something crucial), and after clarifying the conflict, starts the search for solutions. In addition, a minimum number of sessions will be established (which may be extended if necessary).

2ND MEETING PHASE (MEDIATION)

In this first session, the Mediator will transmit how the procedure will be carried out, clarifying the basic rules of participation, the obligation of confidentiality and transmitting his role and the importance of maintaining a certain tone and form in the discourse.

The parties will then present the problem and their points of view.

3º SEARCHING FOR SOLUTIONS

In this phase, the most relevant issues are discussed together with possible ways of resolving the conflict. The mediator should facilitate creativity in the research for ideas or solutions (through techniques such as brainstorming, creative visualization, etc.), analyzing what each party is willing to do and what it is asking of the other party, asking them to evaluate each of the possible solutions and requesting their agreement with each of the proposals.

At this stage it is very important to have good communication skills. At this stage of the mediation process, each party will visualize the fact that the other party, who until that moment was their adversary, has become an ally with whom they can communicate correctly and has made concessions, which will make it easier for the concerned party to also modify their behavior in order to maintain the new situation that benefits everyone.

4º THE AGREEMENT

This being the last stage of the mediation, the parties will be helped to evaluate the proposals until they can decide on one of them. Then, we shall assist in the formalization of the agreement, looking for balance, concreteness and possibility of being carried out.

The parties must commit to the fulfillment of the agreement and sign it. 

WHAT HAPPENS IF THE MEDIATION AGREEMENT IS NOT FULFILLED?

It will be possible to enforce it in court.