Criminal defense lawyer in Alicante

01What a criminal defense lawyer in Alicante does and when you need one

A criminal defense lawyer in Alicante (abogado penalista) defends you when the Spanish State accuses you of a crime and represents you when you have been the victim of one. It is the area of law where the most is at stake: your freedom, your job, your reputation and, for foreign residents, even your right to stay in Spain.

From my office at Calle Isabel La Católica 9 in Alicante I have handled criminal matters since 2002. My main specialty is family law, which is exactly why I know the criminal side that so often comes with it: complaints between partners, unpaid child maintenance, breaches of restraining orders, threats or coercion during a separation. I also handle the matters foreign residents on the Costa Blanca most often bring to me:

• Road traffic offences: drink driving, driving with a foreign licence no longer valid in Spain, serious speeding.
• Assault, threats, coercion and insults, in the street, at home or between neighbours.
• Property offences: fraud (estafa) around a house purchase or a rental deposit, misappropriation, theft and criminal damage.
• Unpaid child maintenance (abandono de familia, art. 227 of the Criminal Code) after a divorce.
• Gender violence and domestic violence, on both the defense and the prosecution side.
• Minor offences (delitos leves): minor injuries, minor threats, low-value theft.

Defense and prosecution: two sides of the same job

When I defend, my aim is to end the proceedings as early as possible with the least damage to you: dismissal, acquittal or, when the evidence is strong, the lowest sentence the law allows. When I act as private prosecutor for a victim, I work so that you are heard, compensated and not left to go through the process alone.

02You have been reported: what to do and what not to do

Receiving a denuncia (a criminal complaint filed with the police or the court) is frightening, especially in a country whose legal system you do not know. A complaint is not a conviction: it is only the start of an investigation in which you have full rights.

What you should do

• Keep every document: the summons, messages, emails, photographs, medical reports and anything else related to the facts.
• Write down the names of possible witnesses while you remember them clearly.
• Speak to a lawyer before you make any statement. Your statement as investigado (a suspect under investigation) is the most delicate moment of the case.
• Attend every summons. If you do not appear, the court can have the police bring you in or even issue an arrest warrant.

What you should not do

• Do not contact the person who reported you "to clear things up": it can be treated as coercion or, if a restraining order exists, as a breach of it.
• Do not delete messages or posts: destroying evidence makes your situation worse.
• Do not give a statement at the police station without a lawyer because "you have nothing to hide". You have the right to remain silent, and that decision should be taken with advice.

If the complaint comes from your partner or ex-partner, the case follows special rules, is heard by specialised courts and protective measures can be ordered within hours. I explain it in the guide on domestic violence cases in Alicante.

03You have been arrested: your rights at the police station

Arrest is the most vulnerable moment of the whole process. The Spanish Constitution (art. 17) and the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, art. 520) set very clear rules:

• Police custody cannot last more than 72 hours. Within that time you must be released or brought before a judge.
• You have the right to be told, in a language you understand, what you are accused of and why you have been arrested.
• You have the right to remain silent, not to incriminate yourself and not to confess guilt.
• You have the right to appoint a lawyer of your choice. If you do not, a duty lawyer (abogado de oficio) is assigned; only your own lawyer will follow your case from the first minute to the verdict.
• You have the right to a private meeting with your lawyer before you make a statement, and to have the lawyer present during the statement and any identification parade.
• As a foreign national you have the right to a free interpreter and to have your consulate informed.
• You have the right to have someone told of your arrest and to see a doctor.

What I do when I get a call about an arrest

When a relative messages me on WhatsApp because someone has been arrested, I find out which police station they are in, tell the officers that I am taking on the defense so that nobody takes a statement without me, and meet the detainee in private. We decide together whether to make a statement and, if the person is brought before the court, I assist at the Juzgado de Instrucción de guardia (the duty court), where the judge decides on release, with or without conditions, or on pre-trial detention.

04The stages of a criminal case in Spain

Knowing the stages of the Spanish criminal process takes away much of the fear. As a general guide, a procedimiento abreviado (the standard procedure for offences of medium seriousness) goes through these phases:

1. Complaint or private prosecution. The case starts with a denuncia at the police or the court, with a police report (atestado) or with a querella, a formal complaint signed by a lawyer and a procurador (court agent).
2. Investigation (instrucción). The Juzgado de Instrucción (in Alicante most are in the Ciudad de la Justicia on Avenida Aguilera) takes statements from the suspect and the witnesses, orders expert reports and gathers evidence. This is the longest stage and where the defense can request steps that support your version.
3. Intermediate stage. The judge decides whether to dismiss the case (sobreseimiento) or send it to trial. If it goes ahead, the public prosecutor and any private prosecutor file their written charges and the defense answers with its written defense.
4. Trial (juicio oral). Held before the Juzgado de lo Penal or, for more serious sentences, the Audiencia Provincial. Evidence is examined, the accused and witnesses testify and the parties present their conclusions.
5. Judgment and appeals. The judgment can be appealed. Only when it is final is the sentence enforced and, if it involves prison, the court considers whether it can be suspended.

How long does a criminal case take?

A fast-track trial can be over in days; a standard case of some complexity may take, as a rough guide, one to two years to reach judgment, longer with appeals. Part of my job is to avoid unnecessary delay.

05Fast-track trials and minor offences: the most common procedures

The fast-track trial (juicio rápido)

Fast-track trials (arts. 795 and following of the Criminal Procedure Act) apply to offences caught in the act or easy to investigate, punishable with up to five years in prison: drink driving, driving without a licence, theft, assault or threats. Their defining feature is speed: the detainee is brought before the duty court within hours or days, and the case can be settled there and then.

That speed is an advantage if you have a lawyer from the first minute and a trap if you do not, because decisions taken at the duty court cannot be undone: whether to accept a plea deal, request further evidence or challenge the police report. Many foreign residents meet the Spanish criminal system this way, after a breath test on the way home from Playa de San Juan or Benidorm. Above 0.60 mg/l of alcohol in breath it is a criminal offence, not a fine: see the article on the drink driving offence in Alicante (in Spanish).

Minor offences (delitos leves)

Minor offences replaced the old faltas in 2015: injuries not requiring medical treatment, minor threats, low-value theft or minor damage. They are tried in a simple procedure before the Juzgado de Instrucción, usually in a single hearing.

The law does not require a lawyer for most minor offences, and many people attend alone. My advice is not to: even if the penalty is a fine, a conviction creates a criminal record, which matters when you renew your residence permit or apply for nationality, and in family disputes it can influence child custody. A well-prepared hearing makes the difference between conviction and acquittal.

06The plea deal (conformidad): when it makes sense and when it does not

A conformidad is the agreement by which the accused accepts the facts and the sentence requested by the prosecution, usually reduced, in exchange for avoiding trial. Properly negotiated, it is an excellent tool; badly used, it is a conviction you could have avoided.

Advantages of a plea

• In fast-track trials a plea before the duty court earns a one-third reduction of the sentence (art. 801 of the Criminal Procedure Act).
• If the resulting prison sentence does not exceed two years and you have no previous convictions, it can generally be suspended: you do not go to prison as long as you meet the conditions set by the judge.
• The case is closed in days, without the uncertainty and strain of a trial.

When it is not a good idea

A plea is not advisable when the prosecution evidence is weak, when the facts are not as the police report describes them, or when it drags in consequences nobody has weighed: losing your driving licence when you live in an urbanisation with no public transport, a criminal record when you have to renew your residence card, a restraining order that stops you seeing your children. My job is to make sure you decide with full information, and to negotiate with the prosecutor the lowest possible sentence before you say yes.

07If you are the victim: private prosecution

If you have been the victim of a crime, you do not have to be a mere witness. The Criminal Procedure Act allows you to join the case as acusación particular (private prosecutor) with your own lawyer, and the Victims of Crime Act (Ley 4/2015) gives you the right to be informed, protected and supported throughout the process. This matters especially to foreign residents scammed on a property purchase or an investment, who would otherwise follow the case from a distance.

What a victim gains with her own lawyer

• You can propose evidence, request investigative steps and appeal a dismissal. The public prosecutor defends the public interest, which does not always coincide with yours.
• You claim compensation for physical, psychological and financial harm within the same criminal case, without a separate civil lawsuit.
• You can request protective measures such as a restraining order, and be kept informed about the situation of the accused.

Victims of gender violence are entitled to immediate free legal aid (art. 2 g of Law 1/1996), and the 016 helpline leaves no trace on your phone bill. If what you have suffered is not a crime but a breach of contract or negligence, the right route is a civil claim: I explain it in the guide on civil lawyers in Alicante.

08Criminal records in Spain: what they are and how to clear them

A final conviction, even a fine for a minor offence, is entered in the Central Register of Convicted Persons (Registro Central de Penados). A Spanish criminal record can affect the renewal of your residence permit, an application for nationality and certain jobs, and it counts as an aggravating factor if you are tried again for a similar offence. That is why, whenever I assess a plea deal, I look beyond the sentence itself.

Clearing a criminal record (cancelación de antecedentes)

Records are not erased automatically: you must apply to the Ministry of Justice once the sentence has been served and the period set in art. 136 of the Criminal Code has elapsed, which ranges from six months to ten years depending on the seriousness of the sentence. As a guide: six months for minor penalties, two years for sentences of up to twelve months, three or five years for other less serious sentences and ten years for serious ones. The procedure is described in the article on clearing a Spanish criminal record (in Spanish). Police records (antecedentes policiales), created by the arrest itself, are different and can also be cancelled.

0924-hour emergencies and how I work

For arrests and urgent summonses my WhatsApp, +34 627 502 675, is available 24 hours a day: message me with who has been arrested, where and since when, and I will get moving. For everything else I work by appointment, Monday to Friday, at my office at Calle Isabel La Católica 9 in the centre of Alicante, assisting clients from across the province, from San Juan and El Campello to Torrevieja and Benidorm.

A word about language

Consultations are held in Spanish. If you need an interpreter, please say so when you write to me on WhatsApp and we will arrange one. In the criminal proceedings themselves, the police and the courts must provide you with a free interpreter.

Clear fees from the start

At the first consultation I review your documents and tell you frankly what your options are. If we work together, we sign an engagement letter (hoja de encargo) with the fees in writing, adapted to the stage of the proceedings (police station assistance, investigation, trial, appeals), with no surprises. If your income is below the thresholds of Law 1/1996, you may be entitled to legal aid through the ICALI Legal Guidance Service. If you prefer a calmer first contact, you can book an appointment and I will call you.

How a criminal case is handled, step by step

1. 1
   First contact

   You tell me what has happened, whether there is an arrest or a summons and for what date. If it is urgent, I act the same day.

2. 2
   Review of the complaint and the police report

   I request a copy of the case file from the court, analyse the evidence and identify the weaknesses in the prosecution case.

3. 3
   Strategy and preparation of your statement

   We decide whether you make a statement or remain silent, what evidence we request and whether to file a written submission before the hearing.

4. 4
   Investigation

   I attend every procedural step, propose defense evidence, appeal decisions that harm you and request dismissal where appropriate.

5. 5
   Negotiation or trial

   I explore a possible plea deal with the prosecutor; if it is not in your interest, I prepare the trial with witnesses and experts.

6. 6
   Judgment, appeals and enforcement

   I appeal if there are grounds, handle the suspension of the sentence and, at the end, the clearing of your criminal record.

Frequently asked questions