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The Foreign and Commonwealth Office confirms that hundreds of
British citizens are arrested across Europe each year whilst living
in or visiting Spain. Most of whom have little or no understanding
of the laws in Spain or their rights whilst detained.
To be arrested for most people is a daunting and upsetting
experience being arrested abroad is far more disturbing. A person
often faces a language barrier with no idea how to access any help.
The single most important contact to make is with an
English-speaking criminal lawyer. The multi-lingual criminal defence lawyers in Giambrone &
Partners in our Spanish offices have a wealth of experience
assisting British citizens following their arrest.
Gonzalo Butori,
apartner, commented “if you are
arrested in Spain you should not assume that the Spanish
authorities will regard the reason for your arrest in the same way
as the British authorities or that you will be treated in the same
way as you would be in the UK.” Gonzalo further remarked
“also, if you are allowed to return to the UK this does not
necessarily mean that you will not face trial at a later stage. On
no account must you ignore a request to return to Spain for trial
even if it is some considerable time after the incident. Our expert
criminal lawyers have extensive experience in dealing with British
citizens arrested in Spain and presenting plausible arguments for
their release”
On arrest, you can be detained for 72 hours whilst the offence
is being considered during which time you should contact the British Consulate and most importantly, an
English-speaking Spanish criminal lawyer. A duty lawyer may be
offered to you but there is no guarantee that the lawyer will have
sufficiently good English to be of help to you. The British
Consulate may be able to extend some assistance but their
assistance is discretionary.
When the 72 hours have expired you will either be released or
brought before a judge. Depending on the category of crime you are
arrested for you may be permitted to return to the UK and recalled
some months later to stand trial.
The case, reported today, of the British woman under arrest for
an alleged personal injury scam, if found guilty is facing a
sentence under seriousoffences (delitos) which will be at
least six years’ imprisonment, possibly longer, plus a
substantial fine. If imprisoned she will almost certainly have to
remain in a Spanish prison. In some instances, individuals can be
detained in a British prison.
Our criminal defence lawyers are well-regarded for their
assistance where they have successfully prevented the possibility
of a custodial sentence for our clients.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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