Individuals

Criminal lawyer in Barcelona: defence, expedited proceedings and detainee assistance

Criminal proceedings require calm, thoroughness and attention to the first steps. We explain your position, assist you at the police station and court, and prepare your defence from investigation through to trial and, where appropriate, appeals. All with discretion.

At a glance

  • If arrested, you have the right to remain silent and to a lawyer from the outset. Do not make a statement without advice.
  • A summons for expedited proceedings or questioning as a suspect requires preparation: do not leave it until the last day.
  • Keep and give your lawyer any document or message connected with the facts.

Situations in which we can help

  • Assistance to detainees or suspects

    Attendance at the police station and questioning, with advance preparation.

  • Expedited proceedings

    Defence in urgent proceedings, including assessment of an agreed plea.

  • Minor offences

    Assault, theft, threats, coercion and other less serious offences.

  • Gender-based and domestic violence

    Defence of accused persons and guidance for victims.

  • Road safety offences

    Drink-driving, driving without a licence and other traffic offences.

  • Interim measures

    Restraining orders, communication bans, passport surrender or pre-trial detention.

  • Appeals and enforcement of sentences

    Appeals against judgments and decisions, suspension and substitution of sentences.

If you have been arrested or summoned: first steps

These guidelines apply to any criminal proceedings.

  • Ask for legal assistance and do not make a statement without it.
  • Stay calm and do not sign anything you do not understand.
  • If you have received a summons, bring it and the related documents.
  • Tell your lawyer all the facts, background and possible witnesses.
  • Do not contact the other party or delete messages or files.

Expedited, minor-offence and ordinary proceedings

The route depends on the offence's seriousness and the complexity of the investigation.

ProcedureWhen it appliesFeatures
Expedited proceedingsOffences meeting Article 795 of the Criminal Procedure Act, carrying prison terms of up to five years or other penalties of up to ten yearsVery short procedure; an agreed plea before the duty court may reduce the sentence
Minor offenceLess serious infringements carrying minor penaltiesSimple hearing; a lawyer is not always mandatory, although defence is advisable
Abbreviated or ordinary proceedingsMore serious or complex offencesInvestigation, indictment and oral trial

How we work

  1. Initial assessment

    We review the facts, your rights and the risks.

  2. Defence strategy

    We decide with you on evidence, statements, an agreed plea or trial.

  3. Action

    We assist during investigation, trial and interim measures.

  4. Appeals and sentence compliance

    We appeal and, where appropriate, assess suspension or substitution of the sentence.

Deadlines and points to bear in mind

Arrest
Police detention cannot last longer than strictly necessary and, at most, 72 hours, after which the person must be released or brought before a judge.
Expedited proceedings
These take place very shortly after the summons, so preparation must begin immediately.
Protection order
The urgent hearing to assess a protection order must take place within 72 hours of the request at the latest. Following the hearing, the court issues an order on appropriate measures. Preparation must start from the outset.
Criminal records
Once the statutory time has passed and conditions are met, records can be cancelled.

Frequently asked questions

What should I do if the police call me or I receive a summons as a suspect?

Consult a lawyer before attending. As a suspect, you have the right to be informed of the allegations, remain silent and not incriminate yourself. A lawyer will accompany you during questioning.

What are expedited proceedings?

They are proceedings for offences meeting Article 795 of the Criminal Procedure Act, including its sentencing limits and specified circumstances. Being caught in the act and a straightforward investigation are not requirements that must always occur together. In certain cases, an agreed plea can have the effects provided by law; advice is required before deciding.

What is a minor offence and what are its consequences?

These are less serious offences (such as certain thefts or minor assaults) punished with minor penalties, usually a fine. They can create a criminal record, cancellable with time, and civil liability, so a proper defence is advisable.

Can I be prohibited from approaching someone before trial?

Yes. As an interim measure, the court can order a restraining order, a communication ban or other measures. These can be appealed or varied if circumstances change.

What if I have no previous convictions and receive a short sentence?

In some cases, enforcement may be suspended if statutory conditions are met (first-offender status, a short sentence and reparation of harm). We assess this when preparing the defence; it is not automatic.

Can you help if I am the victim of an offence?

We can assess your case and advise on reporting the offence, joining the proceedings and claiming civil damages.

What about confidentiality?

Professional secrecy protects what you tell us, and we handle criminal matters with the utmost discretion.

Guides on Criminal Law

General information to help you prepare before we assess your case.

General information, not advice. Each case needs individual study. Deadlines and rules may change.

Contact

Tell us about your case.

Briefly tell us what you need. We will review your message and contact you to discuss an initial consultation. The consultation carries a fee, which we will explain in writing before confirming it.

Av. Roma 60 · 08015 Barcelona935 045 324info@mgma-abogados.comMonday to Thursday: 9:00–14:00 and 15:00–18:00 · Friday: 9:00–15:00
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MGMA ABOGADOS

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