Time I need to worry about a criminal proceeding in Spain?

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Posted and filed under Newsletters.

Recently, we have had a few people say they have had a criminal proceeding started against them in Spain. They have been unsure whether they could forget about it and leave it and it will eventually disappear.

If you do not respond to Spanish crminal proceedings?

If you do not engage with the Spanish criminal proceedings and you  never return to Spain, can you just forget about it? Well then the Court could suspend the proceeding until you are arrested unfortunately  could continue the trial in your absence.

If a guilty verdict is given, in your absence, what is the likelihood of you being extradited to Spain? So being forced to go to serve any sentence imposed? This could obviously varyfrom a fine or fine and/or community service, to prison time. This is up to the Judge, but if the crime is regarded as relatively serious then they could start an extradition proceeding in the home country. Howver, this would take a long time, especially if they had problems with addresses to send letters to. Often an address you provided to a Court in Spain when an incident happened may not remain valid. In the meantime, however, if you came to Spain or passed through a Spanish airport there would be a high risk of being arrested a the airport unfortunately.

When would the allegations/charges against you fall away ?

For example, due to passage of time under Spanish law. Well this all depends on the nature of the crime, how serious it was, and also if the time limitation is interrupted at all. Some more serious misdemeanours like sexual assault for example it would take ten years.

Do I really have to pay to come to Spain for a Court hearing?

Yes, unfortunately, if a letter like this is received, you should come to Spain, and the expenses will all need to be paid by you. In addition, you really should engage a Spanish lawyer.

What if I did not have to sign for a Court Document?

This could possibly be used in defence as a defect in service when you do engage a lawyer. However, they will keep trying so it is only delaying the inevitable really. A Judge could understand that as a document was not returned undelivered, that it was delivered to you. Thus, they would assume you got it, or you could try to defend that you didn’t when eventually questionned about this.

Do I need my own lawyer?

Of course, the best action is always to have a good lawyer. Very often you will have the option of taking the lawyer provided by the Court, a legal aid lawyer.   Our lawyers do not do legal aid cases, and generally we do not recomend our clients use a legal aid lawyer, as usually they will not speak English. And really, if unfortunately, you are in this situation then you want the best defence possible to make it all disappear as quickly as possible.

If you or any of your friends are in this unfortunate situation, please contact us regarding the criminal matter and we will try to assist.

179 Comments

  • Faisal beyari

    I have a trail for fraud and although i posses the funds they have confiscated my passports and i have no way of getting to those funds wu or otherwise. I want to ask them if they can allow me to go to my country and get the funds to clear my name and pay the fine i have. What can i do

    • Amanda Thomas

      Dear Faisal, You need to employ a criminal lawyer local to where the trial is being held to represent you. Kind regards

  • denise Jackson

    hi in 2013 I was arrested in Spain for a large amount of tobacco coming from Gibraltar I had to sign every 2 weeks which I did up till 2019 I asked lawyer what was happening as taking a very long time he replied case has collapsed yesterday lawyer from Spain said case is going to trial in February 2021 and possibly looking at 3 years 9 month in prison I have left Spain last year what would happen if i don’t go back to Spain thanks

    • Jane

      Hi Denise

      This looks to be a duplicate, Amanda has replied to previous post.

      Jane

  • sany d

    hi in 2013 I was arrested in Spain for a large amount of tobacco coming from Gibraltar I had to sign every 2 weeks which I did up till 2019 I asked lawyer what was happening as taking a very long time he replied case has collapsed yesterday lawyer from Spain said case is going to trial in February 2021 and possibly looking at 3 years 9 month in prison I have left Spain last year what would happen if i don’t go back to Spain thanks

    • Amanda Thomas

      Dear Sany, You must go back to Spain for the trial, if you do not attend you may be arrested at the airport when you step foot in Spain again and worst they could pass the file to the country where you are living and it cause problems for you there.

  • RJ

    I got in an accident in Madrid while under the influence. I blew a 1.25, but wasn’t arrested, no people were involved, just 2 parked cars. I signed a paper about investigation I guess, so I assume it’s not over. But they didn’t give me any court date and weren’t very clear on what happens next. I got my car back from impound.

    My question is more about the address I gave them. I decided to drop out of school here and move back to Norway, so wondering how I can inform them to send any follow up there (rather than the Spanish address I will no longer be living at). I tried to register/change at https://sede.dgt.gob.es/es/otros-tramites/direccion-electronica-vial/, but can’t access it (invalid certificate errors etc). Is it enough to send an email to the local police and the address on the investigation paper, or is there more I should conisder?

    • Amanda Thomas

      Good morning. I do not think it will be over unfortunately, especially as damage to the other cars, but it may take a long time as they need to trace the owners and maybe wait for a Court date. Start with the email to the police as you said, and let us know if you dont hear anything in a couple of weeks but really you need a lawyer local to Madrid. Good luck!

  • Jibran ali

    Hi I’m living in Spain illegal few months before i was moving on the street and police arrest me and ask for my documents i said i don’t have so they arrest me and bring me to police station and took my finger prints and told me to leave our country within the time period of 6 months but i didn’t left i continuously living in Spain so few days before police again arrest me and call me to police station but after few minutes they let me to go home but today they call me and said that tomorrow you have to come to court in front of judge
    My question is that why they call me in court i don’t have any criminal record
    If i go to court what they do with me they deport me to my country ?
    If i don’t go what happens with me ?
    Please tell me

    • Amanda Thomas

      Dear Jibran, We do not deal with Visa issues, so we cannot advise you on this I am sorry. But you are living in Spain illegally as you are aware.

  • Sian

    In May 2019 I collided with a motorcycle in my car and sadly the motorcyclist died on the scene. I was pulling out of a stop sign (where I had stopped and checked before pulling out but the cyclist was speeding and hit my car.) I had not been drinking and not on drugs, I went to the police station and gave a statement as did my 20 yr old daughter who was in the car with me a nd the a few months later we went to court and was found not guilty and as far as I was concerned the case was closed and the family of the motorcyclist got paid out by my insurance company. I have suddenly had an email from a solicitor who is acting on behalf of my original solicit or (who is in hospital) to say I am now being taken to court by the prosecution service and I could face a fine, loss of license or imprisonment. Please can you explain this situation to me. I am British but , live and work in Spain legally.

    • Amanda Thomas

      Dear Sian, We are so sorry to hear your story. This is very unusual. Although it is possible for the public prosecutors (Fiscal) to take a case forward themselves even though settled, it would be very rare if a case has been held and a Judge declared you were not guilty. You do need legal assistance, but it needs to be local to the Court. Can you send an email please for the attention of Amanda copying this above and advising where the Court is and also attaching the original Resolution from the Court and we will advise. With kind regards, Amanda

  • Quentin

    Dear Amanda,
    After being stopped for driving under the influence of alcohol in Andalucia, I had to go to Court the next day and didnt accept The Judge’s bargain of losing my license for 6 months with a 1,000 Euro fine.
    I have been given a court hearing in Sept 2021 and told to expect to be found guilty, lose my licence for 2 years and get a 2,000 Euro fine.
    If I leave Spain before the trial, are the Spanish authorities likely to pursue me if I am in the UK or an EU country? If I leave avoid Spanish territories for a few years would I be OK? Thanks in advance!

    • Amanda Thomas

      Dear Quentin, You will have received my email response yesterday on this issue. Kind regards

  • jamie curtis

    Hi, I was arrested back a couple of years ago for drugs being found in my car, which admittedly they was mine and in the court hearing I admitted fault and had to pay a fine and nothing else was then done. I have been back to Spain/ibiza a couple of times since and I still receive court papers to sign from the police every time. Do I need to action this even though it was settled? It just mentions on the letter what happened and statement of facts. It doesn’t say I need to go back and have another hearing so please advise your thoughts if this could be done in error

    • Amanda Thomas

      Dear Jamie, I am sorry but to advise we need you to send us a copy of the last communications you received from the police and the sentence. Kind regards Amanda

  • mark ramsden

    Hi I was arrested in March 210 I spent two years on remand for tax fraud I was released on bail I have been signing at the spanish Embassy in London for 9 years not they want to charge me they are asking for9 yrs prison but there a various crimes they say I have committed so do they run concurrently plus they want 13 million Euros fine lol they are mad how does the fine work now we are outside the EU

    • Amanda Thomas

      Hi Mark, I am sorry to hear this. I am afraid this is far too serious an issue to give a quick response with no knowledge of the case. You should refer to your lawyer, With kind regards

  • Clark Henderson

    From my research it is unclear whether trial in absentia is allowed in Spain.
    I presume it is under certain circumstances? Any clarification would be appreciated!
    **

    • Amanda Thomas

      Dear Clark, It would be highly unusual. More often a trial is suspended until someone is able to attend. But it does depend on the situation, Court, proceeding. You should speak to your own lawyer on the case really for their view, With kind regards

  • Bruce

    Hi, I have been told by a spanish lawyer that my case has been ‘Prescribed’. What does this mean?

    • Nicola Ryan

      Afternoon Bruce,

      Thank you for your enquiry.

      “Prescribed” means your period for claiming has expired. We hope this helps.

      Kind regards
      Nicola

  • Seymour

    Hi Amanda,

    Thanks for the blog post. I have a question. I was fired by my previous employer 3 years ago for allegedly taking private customer information and starting a company in parallel. While I was exploring options of starting my own business, I never actually did so. Long story short, after my contract was terminated, a case was filed against me at the local police station. I was subsequently asked to go there and interview the police. I explained the situation and they said that while they are unsure if this constitutes a criminal offence, they will still send my file for the judge to decide. It’s been slightly more than 3 years now and I haven’t heard anything. I tried to check my records online and I tried going to the courts to ask for my file, both of which came back empty. It’s a bit stressful feeling like I might get a letter at any day so I also wanted to ask what your opinion would be? Thank you.

    • Amanda Thomas

      Good morning, I checked with the solicitor and they said as you have heard nothing in 3 years, we believe you can assume the matter is closed, Kind regards

  • Ali summers

    Hi,

    To the cut the story short, I had business for 4 years on the costa, unfortunately it went pair shaped, I left spain in September 2020, I recently been told 2 of the business partners have reported me for fraud and theft worth about 15 to 20k euros so not to much, they have reported me of theft of stock from the business. As my family live in spain I do like to come a lot plus I have been coming to spain my whole life, I haven’t heard nothing from the police as of yet, but I’m amusing there’s a arrest warrant out of me, can I get Extradited for this. What do you recommend

    • Amanda Thomas

      Dear Ali, If you send us any documentation you have from the Courts and police or lawyers, if any, we can advise. Otherwise we can maybe investigate if there is a criminal proceeding against you. It is a relatively inexpensive procedure, a few hundred euros or thereabouts. Kind regards

  • Iain

    Was charged with assault in June19 which through my Spanish lawyer strongly refuted On grounds of self defence.I knocked a guy out with ONE punch as he ran towards me saying twice that he was going to F….ing kill me.Have not heard anything from either lawyer or Torrevieja court since .Is this the norm?

    • Nicola Ryan

      Afternoon Ian,

      Thank you for your enquiry.

      It would be best to contact the Solicitor who represented you, they would be able to advise you correctly. We hope this helps.

      Kind regards
      Nicola

    • Amanda Thomas

      Dear Iain, Sorry to hear this. It varies considerably with every Court and the pandemic has only made it worse. You need to contact your lawyer, as he is in the proceeding and ask him what is happening. Kind regards and good luck.

  • Scott Price

    Hi,
    last year I was stopped in ibiza on 2 occasions by the police and my friend had drugs on him.
    On the 1st occasion they took pictures of our passports and didn’t take the drugs off us or issue a fine and let us carry on.
    On the second occasion they took pictures of our passport again, took the drugs, assaulted us and stole money.
    Do you know what they will do with the passport details?
    Will I have a problem when I come back to ibiza? Will I be stopped?

    • Amanda Thomas

      Hi, I have referred to our lawyer who has said the following “If the police stop and find out that you are carrying drugs, theykeep them. Depending on the amount, they put a fine or not. The police do not assault (except in defensce) or steal money. In any case, if the agents did not give them a copy of any statement, there is no pending matter in the police department. It may even be that they weren’t even real policemen. I don’t think there is a problem returning to Ibiza if nothing has happened but this”. Kind regards.

  • Steven Lewis

    Hi
    My elderly mother was on holiday in Spain a few years ago and had her caravan broken into. She reported it to the police, as needed reference number for insurance, but has now received a summons to appear in court in Spain as a witness. She didn’t actually witness anything, but the summons mentions fines for not attending. She is 77, not in the best health (although she probably could travel, she would not be able to do so on her own) , she cannot really afford the costs of attending (flights and accommodation for herself plus one other). She is also an unofficial carer for her disabled husband who could not be left on his own for the duration. Does she really have to attend? She is not unwell enough to qualify for a letter from her doctor saying she is unfit to travel, but being elderly and slightly infirm I would not allow her to travel alone, and if I go with her there is no-one to look after my step father. What are our options? Thank you.

    • Amanda Thomas

      Dear Steven, I will respond to you directly by email, Kind regards, Amanda

  • Nic

    Hi, I was arrested in Ibiza in 1999 and charged with cocaine trafficking (even though i did not bring it into the country, only had in my possession ) and was released on bail. i left the country without travel documents by sea and road and then ended up back in the uk. Scotland yard contacted me at my fathers house a few years later, I was out of the country at the time, and i spoke with them on the phone and they said they had a summons for me to return to court in spain but there was no extradition, off the record he said just don’t turn up and don’t go back to spain. I have heard no more about this in 22 years but would like to go back to spain on holiday or potentially buy a property. My question is would there still be ramifications after 22 years or is there a statute of limitation etc? I have lived a crime free life since this incident and unfortunately something i did when i was 21 and stupid is now coming back to haunt me. Any advise is much appreciated.

    • Amanda Thomas

      Dear Nic, I am sorry but we don’t we have enough information to give you an answer. The statute of limitations for crimes varies depending on the penalty given. I would advise you to contact a lawyer in Ibiza to investigate this for you as we only deal with local cases in the Courts. With kind regards Amanda

  • Demi

    I was assaulted by a police officer in Ibiza the other night and arrested for standing outside my gate after 10pm. It was not in self defence, and I have suffered injuries. I have been fined with resisting arrest, however I was trying to protect myself as he was violent and attacked me as soon as he saw me. I was coerced into signing a form pleading guilty, or I’d go to prison. I cannot afford the fine, and shouldn’t be fined for being assaulted. Legal aid lawyer was no help at all.

    Would it be possible to talk with someone by email please as I’m getting nowhere everywhere I look.

    Thank you

    • Amanda Thomas

      We are sorry to hear this but you need advice from a lawyer in Ibiza, we are not in the Spanish islands. Kind regards

  • Claire

    My mother accompanied a neighbour to court who was accused of hitting a tourist. At the court the woman accuser then said it wasn’t the neighbour, but was actually my Mother. She had to return the following week and denied hitting her. She said the whole proceedings were in Spanish and she didn’t understand what was going on. She had to miss work to attend and didn’t want to lose her job. So she asked how she could make the ridiculous situation go away and was told to pay a 3 euro fine. We have now discovered 2 years later that she has a criminal record for ABH. She did not hit the woman and told them this at the time. Is there any way now to appeal? This was in Costa Blanca area.

    • Amanda Thomas

      Dear Claire, No, this would be too late to appeal, but maybe we could have the criminal record erased. Could you please send us all the paperwork and ask if we can get the criminal record cancelled, including the note above. Kind regards. Amanda

  • Jason withey

    Me and my partner had a argument which got a bit heated the neighbour heard us and got me arrested I’m due in court on the 17 ov May but live in England and can’t afford 2 go back wat will happen if I don’t attend my partner don’t want charges against me but the court in spain are still going ahead with it what will happen if I don’t attend

    • Amanda Thomas

      Dear Jason, You need to find some assistance to come back to Spain for the Court hearing, it is very important. This is serious and unfortunately a Judge can send an order to the UK for the police to search for you, or carry on the hearing without you there and find you guilty and again that have repercussions in the UK. You need to come back with a copy of the paperwork from the Court to enter into Spain, I am sorry. Unless you can provide the Court with some paperwork such as a doctor’s report that you are not fit to travel at the current time and they could suspend the hearing. You could also try to request with the Court directly that you attend by a web link, but this might not be possible for this case. Kind regards

  • Leon

    Hi I was due to hear about unpaid community work in costa Blanca and I am still waiting I haven’t received any paperwork what so ever my old landlord wanted me out of apartment where the court had the address for and my lawyer here didn’t respond to me to tell her about address change the community work is for being with my partner we had a argument in the street and they banned us from being together even though nothing happened I am back in England as I couldn’t get residency should I be worried about it chasing me back to uk

    • Amanda Thomas

      Dear Leon, You need to contact your lawyer in Spain. It could cause problems in the future but it depends on the case, and only your lawyer can advise you. I recommend you do that. Kind regards

  • Janice Daughtrey

    Hi I made a denuncia against a neighbor in April snd now have a court hearing for the 7/7 however we have since resolved our issue and wish yo cancel the court hearing… please advise

    • Amanda Thomas

      Dear Janice, I have already responded to you on email regarding this, Kind regards

  • Mary

    Hi Amanda, I was intentionally overdosed by drugs by a person I know here in Spain (without knowing I had taken the drugs) and considering making legal steps. May I ask you how long it approximately takes to wait for a court in the Canaries and how much would a good lawyer costs approx. be? I’m still considering if it’s worth the stress or better to try to make some solution outside the court. Thank you for the advise.

    • Amanda Thomas

      Dear Mary, I am sorry but we only deal with Courts close to us on the mainland. But you should certainly consider going to the police there to do a denuncia, and contacting a lawyer in the islands. Kind regards Amanda

  • Andris Velikanovs

    Hi,I hope you can help me 5 years ago I had what could only be described as a alcohol indused psychotic episode near Barcelona.Tried to kill myself,thankfully I was saved by the police officers.Obviously I did not go willingly and resisted arrest and hit a police officer.I was charged with attack of officer of the law and minor offence of grievous bodily harm. The last I heard from court appointed lawyer was in Nov 2017 she told be a court case is most likely be set for 2018 and she will contact me.she also said she will be writting her defense and sending it to them that week.Since when I have not received anything from the courts or her.Her emails don’t work,her website is gone and phones don’t work.What do I do??I don’t want to rock the boat as such but I would love to return to spain one day with my family and I need to know what happened…Thank you so much for your time.

    • Amanda Thomas

      Dear Andris, The best thing would be to contact another lawyer in Barcelona local to that Court to ask them to investigate. Alternatively you can send us the paperwork you have and we can do a criminal record check (cost varies depending on what you have) With kind regards Amanda

  • Brian Gillman

    Hi,, I was arrested in Spain in 1993 for not returning a hire car 10 years previous in 1983,, they said I had a 3 month sentence I left and came back to the UK ,, will I be arrested if I go back to Spain ?

    • Amanda Thomas

      Dear Brian, This is unlikely but it would be best to check if you still have problems with the Courts by obtaining more information. If you wish to do this please send all the documentation to us. It will cost a few hundred euros perhaps. Kind regards

  • Andrea

    Hi my husband smashed another persons windscreen (long story to explain) he was asked by guardia to go to the local station . He did the very next day and made a statement confessing to the crime he was told he will be called for a court date . He needs to go back to the UK as he has a new job can he leave spain and he also has no intention of returning . He is resident in spain but moving back to the UK perminent . If he doesnt attend the hearing what will happen also if he pays the person for his windscreen and loss of earning can the person withdraw his allegation statement ? Thank you for your help

    • Amanda Thomas

      Dear Andrea, If your husband is called for the Court date I strongly advise that he attends or supplies the Court with a good reason why he cannot attend on that date such as a letter from his employer, doctor that he is not fit to fly or similar. Sometimes trials can be done online in special circumstances but not going to the hearing could cause serious problems with him in the future, especially with criminal record information exchange. I cannot advise if the other person can withdraw it now as it is impossible to know whether the prosecution will go ahead with the case anyway. I wish him luck but strongly advise he return for the hearing, Kind regards

  • Wayne

    Hi I got charged wit assault told to pay medical reports and that was all in 2017. I have now recieved a European investigation order. I have hired solicitors and they have hearing which they said they will get a video link as I’m in UK. This was in Palma. Is this correct

    • Amanda Thomas

      Dear Wayne, Yes usually you would have to fly, but it may be possible they have persauded the Judge that you can do a video link. I hope all goes well. Kind reagrds

  • Lily

    I am an American studying abroad in Spain for the year. I made the biggest mistake of my life over the weekend, I was caught shoplifting a €6 hair clip, and the police were called. I was told that I would receive a letter, but I don’t understand what I should expect. They took my name and driver’s license info, and filed a denuncia (there was a stamped document, after researching I believe that is what it was). My Spanish is not very good and I am so confused. Could you please tell me what I can expect to happen next and how I might prepare for it? Could I be deported? I will be moving apartments in a few months, then returning to the states in June, and I am afraid I won’t receive the letter if it takes awhile to be processed. I am so ashamed — I’m afraid I’ve jeopardized my future and I feel so alone.

    Any advice you can give me is appreciated. I don’t know what to do.

    • Amanda Thomas

      Hi Lily, We have already been in touch by email, Kind regards Amanda

  • Dapaa Francis

    Please I went and applied for asylum paper and after they gave me a document to keep for six months so that after six months I can use it to find a job but few days to the said date they call me to come to their office and I went, they told me they are not going to give it to me again and also I should leave the country within some few days and they directed me to find a lawyer, either private lawyer or government lawyer. Though I have found one but I am scared please should I do .

    • Nicola Ryan

      Good Morning Dapaa,

      We are sorry to hear of your situation.

      It is hard to comment without being familiar with your case. We would urge you to discuss this with the Solicitor who is dealing with your case, we are sorry.

      Kind regards
      Nicola

  • Amy

    Hi there,
    My brother in law is being extradited to Spain on Thursday for issues relating to drugs. They are trying to suggest he was drug trafficking, however the amount was very small, to the tune of £40. We wanted to know if you could advise on the process once he has returned to Spain? How long until he is likely to face trial? Visitation rights – will we be allowed to see him? Will he be taken back to the same area – he was in Benidorm at the time.

    We don’t know whether to fly over on the same day and whether we can be of any use other than supporting with solicitors and such like. Any information you could provide on the process once arrived in Spain, would be greatly appreciated.

    • Amanda Thomas

      Dear Amy, I am sorry but we cannot help with this case. We suggest you contact a solicitor in Benidorm itself, With kind regards

  • Jon

    I got arrested in spain for trouble ten years earlier the kept me over night as the couldnt find out if my fine had been paid from when i lived there they gave me my passport back an told me to go do you think i could go abroad without getting arrested again

    • Amanda Thomas

      Good morning, We would need to see your paperwork to give any advice in this respect. With kind regards, Amanda

  • Amy lee

    Hi a friend of mine has been in prison for 18 months for a alleged commited crime. They are still on remand in prison and there is no trial set as yet. They have told me they need to pay 15k for a police fine to be released in April. Today I have been told he has had his case suspended. This confuses me. In what situation would this happen.

    • Amanda Thomas

      Dear Amy, I am sorry but it is impossible for us to advice without seeing all the paperwork. Your friend’s paperwork will I am sure explain it, Kind regards

      Amanda

  • Tony

    Hi
    My daughter smashed a police car window 3yrs ago whilst being arrested during a domestic with her boyfriend and the returned to England and I assume didnt return. She has just been arrested during a Madrid stopover enroute to Mexico.
    I’m unaware of any further inf but wonder if you might have any helpful advise .

    • Amanda Thomas

      Hi Tony, I am sorry to hear this. Yes, if any incidents have occurred and someone has left the country they will be arrested on their return. I would advise you to engage a private lawyer for her in Madrid as soon as possible to assist. With kind regards

  • Darren

    Whilst living in Spain over 10 years ago, I had my Spanish car impounded for no IVA. I didn’t hear any more about it, and I moved home. I moved back to the UK a year later, still not hearing anything
    Also I have had tax demands from Spain through HMRT . They claim I owe over 5000 euros up until 2015, from a bar I owned with my ex wife. I told them that I haven’t been in Spain since 2011, and the bar folded. The HMRT told me that they would inform Spain that I was unable to pay and that Spain would write it off.
    What are the chances of me getting arrested and be imprisoned if I returned to Spain for a holiday

    • Amanda Thomas

      Hi Darren, Both of these issues are administrative, not criminal. Only for anything criminal is someone arrested when flying into Spain. It is possible to check if there is anything on record by us obtaining a Spanish criminal record certificate. With kind regards, Amanda

  • Bridget

    Hello.. My partner didn’t turn up to a custody related court date in Mallorca in December when we lived there. We are now back in the UK. He was always stopped every time we travelled outside the island but always let go through. If we were to return to any part of Spain would he be arrested? Also, if he is able to get a passport of another nationality would he still be stopped? Thank you

    • Amanda Thomas

      Dear Bridget, Your partner should check his criminal records in Spain I believe, we can help with this if you contact us by email, Kind regards

  • Marquetta

    If someone was caught in madrid with people that was smuggling drugs, but had no drugs on them, could they be sentenced to a 1 and nine months within 2 weeks. Or is there a process. Someone i know has gone missing, the friends are saying hes locked up in madrid, sonce the 13th of march. But he was convicted 2 weeks later. Noone knows.we are just trying to find out if thats possible

    • Amanda Thomas

      Dear Marquetta, I am sorry but we cannot really help other to say that with a crime yes it is possible for someone to go to prison very quickly, a Court hearing could be within days, Kind regards, Amanda

  • Allister cooke

    I was arrested in Alicante not long ago on suspected drug trafficking charges. I only had enough for my own personal use. They locked me up for the night and seen the judge the next morning then got let go! I was able to fly home no bother and stuff but I’m just wondering if it will impact a holiday I have to Greece coming up?

    • Amanda Thomas

      Dear Allister, It is difficult to comment for sure not having all the case history. You should ask your lawyer for then, however generally it would only impact on your entering Spain. Please let me know if you would like us to check your criminal record in Spain and if it can be erased now, Kind regards, Amanda

  • Szabo david

    Hi I was convicted for a 20 euro theft.got a court date a year later where I didn’t show up.the police man said I can’t come to Spain for 5 years if I don’t show up in court,it’s such a minor offence, what happened with the case?

    • Amanda Thomas

      Hi David, The only way to find out is to check if you have a criminal record in Spain by obtaining a certificate. Then if sufficient time has elapsed we can erase the record. Please let us know if we can help. Kind regards. Amanda

  • Joeseph

    Hi the Guardia Civil showed up at my address recently, not in uniform, and asked if i lived there. The people living with me confirmed and mentioned i was out of the city. The Guardia said they had a letter to give me, and asked when I would be back, and said they would be back.

    Any idea of what this letter could be? a summons? a warrant? Thank you

    • Amanda Thomas

      Good morning, I am sorry, it is impossible to say, not necessarily a police matter. They are used to deliver tax letters also, many things. Until you actually signed for it you are not legally deemed to have received it. Please try not to worry, With Kind regards,

  • Scott

    Hi, I was arrested in Majorca for resisting arrest and assaulting a police officer whilst intoxicated in May 2009. I had been in touch with a Spanish Lawyer who had been working on my case but I haven’t heard anything from her since I contacted her in November 2016 when she replied to tell me that my case had not been tried yet so couldn’t tell me what the penalty was. I have tried contactIng her since with no reply, can you please advise what my best options may be?

    • Amanda Thomas

      Dear Scott, I would keep trying to contact the lawyer, but if that is not possible then it may be best to obtain a criminal record certificate to see if you have a criminal record in Spain still. Please contact me if you would like our assistance with this. Kind regards Amanda

  • Jo York

    My daughter was arrested in Benidorm and charged with assault of a police officer. They advised her to plead guilty even though she wasn’t as it was the only way she would be released . They found her guilty and released her, no fine just a conviction. We do not understand the paperwork and could do with assistance. We are not sure if she is allowed back or if it will effect her when traveling to other countries. My daughter has never been in trouble and this has really frightened her

    • Amanda Thomas

      Dear Jo, Thank your for your message. You need to contact with a law firm in Benidorm that can help with the Courts. It is important that they explain everything to you/her and she should definitely not travel until she is sure there is another hearing. With kind regards

    • Amanda Thomas

      Dear Jo, Thank you for your message. You need to contact with a law firm in Benidorm that can help with the Courts. It is important that they explain everything to you/her and she should definitely not travel until she is sure there is another hearing. With kind regards

  • Stephen

    Hello, I was arrested for assault some 7 years ago. It was self defence and i made this plea. I have heard nothing and the Spanish solicitor has said the case is still pending and a court date has not be set as they are struggling to find the witnesses/”victim” – he was Italian on holiday, i believe he was charged with sexual assault although not sure. I do not want to travel to spain at the moment for fear of arrest however i am a dual national. Can i use my other passport to safely travel now. I am happy to return for the trial but do not want arrested

    • Amanda Thomas

      Dear Stephen, I am sorry but only your own solicitor could advise this as they are aware of what is happening with the proceeding. The other thing that could be done is to apply for a certificate of criminal record, but this would cost several hundred euros and take a few months, but we could help you with this, Kind regards

  • Robert Williams

    I am considering travelling to Madrid in July, but I am concerned about an incident that occurred last year in Fuerteventura. I arrived on the 30th July till 6th August at the hotel IFA Altamarena in Morro Jable for a holiday alone to recover from serious mental issues I was having after the breakdown of my marriage I allegedly tested positive for Covid on the 4th August at a clinic opposite my hotel and was confined to my hotel room, which put an enormous emotional strain on myself. I purchased a box of 5 covid antigen tests on my way back to the hotel and tested myself upon my return to my room which showed a negative result, I further tested myself for the next 4 days all of which showed a negative result. I attended another doctors clinic on the 9th August and obtained another negative result from him which I showed the hotel reception who became very agitated that I had left my room and threatened to call the police, further straining my already anxious mental state. I returned to my room and booked myself a flight home for the following evening 10th August and travelled to the airport, as I was suffering quite badly with my mental health at this point, and needed to get home as my 3 daughters who were at home were worried for my welfare. I produced my negative test result at every security check required in the airport without issue and proceeded to catch my flight home. Upon my return home I was contacted by the Embassy in Madrid warning that I would be arrested if I attempted to go to the airport! I was already home at this time and explained this to the lady from the embassy on the telephone who said that everything was fine if I was already home and not to worry. I received numerous bills from Spanish Health a few months after my arrival back in the UK claiming charges for things such as telephone consultations RE: Covid and a charge for a PCR Covid test! I did not receive any telephone consultations whilst I was in my hotel in Fuerteventura nor did I attend any hospitals to receive a PCR test. I had 2 Antigen tests at 2 different clinics both of which were paid for personally by myself. I would very much like to visit your country in the future but am worried I may be refused entry or even detained if I attempt to enter. Can You please let me know if it is possible to enter Spain without any fear of arrest or refusal of entry. I have all the relevant documents to verify that I left Fuerteventura lawfully and believe I was detained in my hotel room due to a false positive test from the 1st clinic I attended, as 5 successive negative tests showed this to be the case and a further negative test obtained from another doctor. I have received nothing from Spanish law enforcement, only bills from the Spanish Health authority which as far as I can make out were issued by the Government of Feurteventura.

    • Amanda Thomas

      Dear Robert, We are not familiar with Fuerteventura as we are on the mainland, so how they would deal with this situation or regarding health bills you would need a local lawyer. However I can tell you that to check if it is safe to travel to Spain again you would need to obtain a criminal record certificate to show if there is anything against you in Spain. This costs several hundred euros and you need to provide notarised copies of your passport but you may wish to for peace of mind. Kind regards

  • Courtney

    Hi, my boyfriend went on a lads holiday to Spain in 2019 and they ended up getting arrested and getting a 6 months suspended prison sentence and a fine of 1,000 euros each but there was 6 of them, there lawyer informed them all to only pay half for (civil responsibility) my partner and 2 of his friends have paid there half but the other 3 haven’t, because they were all one case would this effect him going to another European airport and will he get arrested as we’re really worried

    • Amanda Thomas

      Hi Courtney, The responsibility is individual so as long as his part of the case was settled and paid there is no need for him to worry. Only them. With kind regards.

  • Gabe

    Hi I got caught smoking weed at the beach about 4 years ago in Barcelona, the officer took some of my information (old id number, parents name and address in italy) and said a fine would be sent to my address, however, I have moved to Australia not long after the incident and the fine never arrived while I was still living there, am I going to have problems at the airport if I comeback to Spain?

    • Amanda Thomas

      Dear Gabe, Yes, it is possible. In fact, see above. It might to be best to obtain a criminal record certificate to check your Spanish record, let us know if we can help. With kind regards

  • Tim

    Hello!

    November 2017 I was in Malaga and I had a false driverlicense. They took me to prison for 24 hours and then they released me and I have not been to Spain until now May 2022 , and the police came knocking on my door for a couple a days ago and took me to the police arrest because of the 2017 problem, and again I was there for 24h and then I got some papers that I had to Sign before they releases me, it says in the paper that I need to be in prison for 1 year and 9 months. Is there anyway alternative or solution for this? because its very unfair for a crime that happened 5years ago.

    Best regards
    Tim

    • Amanda Thomas

      Dear Tim, I am sorry but you need to engage a local lawyer in Malaga as soon as possible for this. Kind regards Amanda

  • David

    I am from the uk and was on holiday in Tenerife. Whilst out in the bars had too much to drink and was given cocaine. Some minutes later the police made me empty my pockets and found it. This was only a small amount. The police took pictures of my ID and said that I would get a fine from the embassy then a few minutes later said I was free to go. I was not taken to the police station so I don’t think I was charged. I am worried sick about what happens and am unsure why I was not arrested. Will I now hear from the embassy and happens next ? Will I get this on my record and will I still be able to return to Spain?
    I am not sleeping with worry as I have never done this before and have never been in trouble with Spanish before.

    • Amanda Thomas

      Dear David, This is totally normal. Not in all the cases that the Police stop you to have to go to the Police Station. It could only be an administrative fine, not a criminal one if the cocaine amount they found was not was not very big.The administrative fines expires after 4 years. Please don’t worry. You are just going to have to wait to see if you are notified (I am not sure how). If you are returning to Spain and have heard nothing it maybe best we check your criminal records in Spain just in case, but it is unlikely, as you did not go to the Police station. Kind regards.

  • Joe

    Hi my son 20 years old is currently in Magaluf with a friend. He fell asleep on the beach and a person tried to mug him. The person wasn’t successful and arrested by the police. My son has been asked to go to court to give evidence I presume but he flies home tomorrow and is contemplating not going. The police have threatened a 5000 euro fine if he doesn’t go but he is the victim, does he have to go?

    • Amanda Thomas

      Dear Joe, I imagine it is too late as I have only just seen this, but he needs to contact the Court and explain and show proof of travel, but still maybe required to go. Kind regards

  • Dan

    I was detained and arrested in Barcelona yesterday. I cannot go into detail, but in short I refused to provide ID information when requested and my arrest was on that basis – as I understood later it’s administrative offence. I spent a few hours in a cell and then released – I had to send documents to assigned lawyer within 28 hours (I think) so that she can help me. Separately to that some of my belongings, including my phone – were seized as evidence and will be given to the judge to investigate. This would be for criminal offence :( I wanted to ask – how long this investigation could take and what is the process? I think I will try to contact a local lawyer tomorrow, but any information you could provide would be so appreciated.
    I was in a state of shocks and didn’t cooperate as I couldn’t understand at the time if I was already arrested or just detained and for which offence. I thought it was best to wait until I get a chance to have legal representation before saying anything… but it seems that I just did the worst possible thing. Sorry for being vague but it’s the best I can do :(

    • Amanda Thomas

      Dear Dan, I am sorry to hear this. We are a long way from Barcelona and we do not know that area at all or how the Courts work. I would advise you to find a lawyer through the British Consulate in Barcelona (google Barcelona Consulate list of lawyers) that speaks English, and go from there. Kind regards

  • Dan C

    I was convicted of assaulting a police officer while resisting arrest in Spain last month, given a suspended sentence for 2 years

    If I were to commit a new offence back home in UK during the 2 years would that be treated separately or would it trigger the Spanish sentence and mean I’d face imprisonment?
    Thanks

    • Amanda Thomas

      Dear Dan, You would need to consult a UK lawyer to answer this, or maybe the UK Citizens Advice Bureau. With kind regards

  • Mic

    Is it possible to find out if you have any warrants, outstanding charges or denuncias in Spain?

    • Amanda Thomas

      Good morning, not warrants or denuncias, only criminal charges on a criminal record certificate. Kind regards

  • Mic

    Hi,
    I was given a 6 month prison sentence suspended for 2 years back in 2015. I believe there were additional allegations made during this time although I had returned to the UK in 2016 and never heard anything. I have my criminal record from the MOJ and I am just wondering if the case and charge that I received is not still ongoing in anyway and I am able to return to Spain. I can send all relevant documentation.

    • Amanda Thomas

      Good morning, I have responded to you by email, Kind regards

  • John Elkington

    Hi, 7 years ago my daughter in Andalucía foolishly agreed to hold a few thousand euros for a friend. The friend was subsequently arrested for drug trafficking and the police searched my daughter’s home and confiscated the money, along with her own legally held money. She was arrested, spent one night in jail, and I had to bail her out. She has been waiting for the case to go to court ever since. She has never been in trouble before, has a new baby, and is living a blameless life. She now wants to buy a house but her lawyer has advised against it in case it is confiscated in future. She just wants to move on with her life and put all of this behind her. Is there a statute of limitations on the matter and if so what is it?

    • Amanda Thomas

      Dear John, the Spanish Criminal Code includes time limitations to prosecute someone for a criminal action. For a minor criminal action there is 5 years time limitation if there is no activity in the process.She needs to talk with her solicitor about this as they know the case well. Kind regards

  • Nic

    If someone had a fine an 2 years suspended sentence. Been made to plea guilty. Ended in 2017 & paid most of fine ..120€. Could still be a problem? They may owe 20

    • Nicola Ryan

      Morning Nic,

      This could possibly turn into a problem. You may find that there will be interest added to the remaining amount until the fine is finally paid in full. We would recommend that you pay the remaining 20€, it would be easier to pay than not. We hope this helps.

      Kind regards
      Nicola

  • Rhys

    Hi,

    I was arrested in Madrid for a de las lesiones and was set free with a letter that said provisional release without bail. Will I have to go back to court? I was told when I was released that it was all over and no further action was required

    • Amanda Thomas

      Dear Rhys, You need to contact the lawyer that acted for you in the Court or the Court itself, I am sorry. You should check though that everything is finalised, Kind regards, Amanda

  • Deone

    Hi, our teenage [over 18] son while on holiday in Barcelona in April, was noted as a witness to a drug deal and gave a statement and had to show ID. [undercover police, he was scared not to do as asked] He has now received a ‘cedula de citation’ which appears to be a summons to appear as a witness to an oral trial in March 2023 in Barcelona, noting fines may be incurred for non-appearance. He has already purchased airfares to return to Australia [from the UK] in December 2022. How do we go about resolving this?

    • Amanda Thomas

      Dear Deone, You need to contact the Court as soon as possible and send them the copies of the flights, letting them know when your son will be available or asking if he can be a witness by videolink. If you cannot make contact with the Court contact lawyers in Barcelona, that are local to the Courts to assist. With kind regards.

  • Christoper Adam

    Hi All, I wanted to share a live situation, to gauge any willing advise on offer. *I’s super complex, for a straight forward situation. 15 months ago my ex abducted my son from Portugal, after a bout of madness where she ran me over. In Portugal, there i no confusions and warrants issued. The matter pertains to Spain, and its genuinely extraordinary;
    1) we loged an extremely strong case under Hague Convention, which we won with the most extreme provisions.
    2) the day of the intended hearing, my ex went into the guardia civil for the 10th+ time to make a false complaint, this time overtly perverting the course of justice for a provably wrong allegation of death threats. This intercepted the hearing, had be arrested, and released.
    3) The big unknown here is that somehow this is now being investigated. I have a great lawyer extensive evidence to the contrary, but the timing of this thing, the contrasting positions of this judge, and of course the quite baffling corruption by the GC. The horror case is a charge/arrest before the final HCCA ruling.
    Any insights are gladly welcome – the one aspect that i’m eager on is just how quick they can move to charge/arrest and prosecution process? Weeks are borderline, months are OK, but ‘day’s concern me
    As a secondary question, when faced with multiple allegations without evidence, other than an EXTREME risk report, any words of wisdom on where to focus the defense is super appreciated.
    thanks!

    • Amanda Thomas

      Dear Christopher, This is obviously a complex case and one that only your lawyer with all of the information available to them should advise on. We could not do so. We do hope that this gets resolved soon for you. With kind regards.

  • Lorena

    My firiend has an¨ harassment ¨sentence given out on her name in the UK for a british person.They have opened an injuction against her in the uk. But that person that issued the injunction, now lives and trades in Spain. Is that sentence valid in Spain as well, or only in the UK teritorry?

    • Amanda Thomas

      Dear Lorena, Only in the UK. Kind regards

  • Andrea

    Hello, the police entered my bedroom without a warrant or permission from the landlord in Barcelona ( Me, my partner and the landlord were having some beers) I was furious and starting fighting with them. They had no court order and I had committed no offence. What are my rights?

    • Amanda Thomas

      Dear Andrea, Please contact a local lawyer in Barcelona or Catalunya, as we are in a different region. With kind regards

  • Lee

    Hi,
    I was arrested in Spain last week for minor theft (amount was €220). Due to being a UK citizen and not having a Spanish address I was kept overnight in a police cell and then taken to court the following morning, where I was released but with a letter to attend a court date in February. I am wondering if I have to attend this or can I pay a fine or something else relating to it as flying all the way to Spain for a 20 minute hearing seems excessive. I’ve never been in trouble before and have not committed any other crimes, so I’m just wondering where I stand.
    I have also noticed that there is an error on my actual paperwork from the court where they have spelt the offence committed wrong. I can send any additional information you require via email.

    Thanks in advance for any advice.

    • Amanda Thomas

      Dear Lee, I am sorry to advise but you must attend the Court hearing (unless you can provide very good evidence why not, for example in hospital etc, and then it would only be postponed). Best to just deal with it and get it over with. The spelling in the paperwork makes no difference. Good luck. With kind regards.

  • Jo

    Hi I was stopped in Benalmádena in July with a very small amount of cocaine. The undercover police took it off me and took my name and UK home address. I was allowed to leave straight after and haven’t heard anything since. Do you think I will receive a letter or will be stopped on return to Spain?

    • Amanda Thomas

      Dear Joe, I don’t know when this was but you will probably receive a letter, it just may take some time. Kind regards

  • Mohanad Alwakil

    Hey my ex have accused me of mild threats and insults, I was wondering if this type of case can be solved as settlement out of court with no criminal record

    • Amanda Thomas

      Dear Mohanad, Yes it is possible with your ex, but the Public Prosecution may also decided to continue the case. Kind regards.

  • Jo

    Hi, is there a way to check if I have a criminal record in Spain? I am very worried about if i return to Spain will I be stopped and if I should be expecting a letter.

  • William

    Hi, I was recently arrested for “atentado” and three counts of “lesiones”while unfortunately blackout drunk, I’ve never committed any crime before, and was shocked to wake up in a cell there. I pleaded guilty the following morning, and received a three month suspended sentence and a number of fines. I accidentally gave the wrong number on the address back home – I contacted the lawyer about this (the one who was automatically assigned to me), and she said she’d ask them to change it, but in any case that she would be the one to receive the fine, and she would contact me then with instructions on how to pay it. Do you know if this is for definite the case? I’m worried sick that it’ll be sent to the wrong address back home and I won’t get it. Additionally, will I be able to re-enter Spain over the next few months, or is there a chance I will be arrested at the border (even though the fine has not been issued) as there is an outstanding fine? And finally, when will I be able to wipe my record? Thanks a mill!

    • Amanda Thomas

      Dear William, You need to contact the lawyer assigned to you regarding these questions, but yes if the lawyer is assigned to you, she will contact you. Secondly it is unlikely that you would be arrested as this would only be if there was a conviction and fine and it is noted as not paid. Lastly, the lawyer will need to advise you on the expiry as it varies on the circumstances of the case. Kind regards.

  • Omar

    Hi there, I was recently stopped by police in spain for driving a moped under the influence of alcohol and driving with an invalid license. I had court the following week and plead guilty in return for a reduced fine. I was given a 4 month fine for DUI, and an 8 month fine for invalid license (along with 8 month driving ban).

    Will these charges result in a criminal record in spain, and if so for how long?

    Thanks in advance!

    • Amanda Thomas

      Dear Omar, Yes, they will. You should ask your lawyer appointed by the Court for how long as they have the exact details but if you comply with the fines you may be able to have them deleted from your record after a couple of years. With kind regards

  • Elaine Mizen

    My son was held for resisting capture and arrest back in 2016.
    My son could not forward a address for communication as he was a student in England and did not know what his new address would be.
    He was contacted by the police and was taken to court when they said he should supply an address.
    My lawyer says the case should be archived now as it older than 5 years ago.
    He lives with us now in Spain and we wish to return to the UK but we are worried he might be detained at the airport.

    • Amanda Thomas

      Dear Elaine, Please send us by email the paperwork for the Court (all that you have) and we will take a look and advise if a criminal record certificate needs to be obtained. Kind regards Amanda

  • Annabelle

    I sold a house in Andalusia in September. The new buyer is claiming I hid defects because tiles have fallen off the walls in the bathrooms. It’s an old house and I have always done repairs myself before, now they say that I need to pay for new bathrooms or they’ll take me to court. I never knew they had six months to claim defects and also I thought my house was sold as seen, I wasn’t hiding anything but it’s an old house so yes I did minor repairs. I’m not a Spanish resident and I live in the UK. Can they make me pay, can they make me go to court?

    • Amanda Thomas

      Dear Annabelle, We are sorry to hear this. You should consult a local lawyer in Andalucia to study the case.

  • Samantha

    My friend who is American was recently arrested and charged with pushing two officers. Everyone with him said he did not push them but he is still being charged. He is on a student visa through the end of May. How will this proceed? Does he have to stay in Spain? If he is found guilty what is the expected penalty?

    • Amanda Thomas

      Dear Samantha, your friend needs to engage a lawyer local to where he was arrested. If it is local to us please ask him to contact us by email. It is impossible to advise without study and further information. With kind regards.

  • GARETH HUGHES

    Hi, my friend was on holiday in tenerife in november, his girlfriend who was on holiday with him were both under the influence of drink and drugs, he tried to take her back to there hotel but she kep falling and scraping her knees and elbows, anyway he left just around the corner from the hotel, he was woken by the police and arrested for attacking his girlfriend, he was jailed for 14hrs and his girlfriend catagorically said he had not touched, he was given a 6month prison sentence suspended for two years in court and was ordered to leave the country and go back to the u.k and she was put on a seprate flight, now since he has been home he has received an e.mail from the judicial service in spain in spanish, ut i am afraid he has replied and has said some naughty words calling them for everything, my question is will he be allowed back in to spain as like i say he did not hold back when replying to the e.mail ,

    • Amanda Thomas

      Dear Gareth, We are sorry to hear this, but what is more important is what the email said (he can use google translate or deepl to translate). He definitely should not return to Spain until he is sure with his lawyer that everything has been resolved in Tenerife. Any legal help he needs he should approach a law firm based in Tenerife, not on the mainland. Kind regards.

  • garry mccuaig

    I was arrested in lanzarote for assaulting a police officer. After spending 72 hours in cell I went in front of judge and found out I was accused of hitting him with a brick not my fist. This I obviously denied. I was released back into British army custody and flew home the next day. I never heard of any further court dates etc. would I be arrested on return to Spain 20 years later.

  • Niel

    I got in trouble with police in Barcelona last year. I got into the car with a drug dealer but was found with no drugs on me. The dealer was someone known to a friend but I had not exchanged money etc and had no drugs on me when the police arrived. I was told there was “no problem for me” and had to give my details such as where I was from and parents names and they took a photo of my passport. I asked if I had to do anything, was very cooperative and they said no, and repeated again there was no problem for me and they did not mention anything such as a fine or take me to the police station. I think I am returning to Spain soon and was wondering if there is anything I should do. As I say, nothing happened to me apart from giving my details and a photo taken of my passport. I just want to avoid any potential problems returning in the future.

    • Amanda Thomas

      Good morning, if there had have been a problem you should have heard something as would have been called to Court so it is extremely likely that everything will be fine. The only thing you could do anyway is to check if you have a criminal record in Spain by applying for a certificate but this takes months. With kind regards.

  • AlaX

    Hello Amanda and Nicola,

    Our friend recommended that we contact you.

    My husband was stopped by the security in El Corte Ingles Puerto Banus today. They held us in security and told us my husband stole a pair of glasses last month and they’d identified him because of a pair of sandals.

    My husband was no where near the store and in fact he was somewhere else of the date they’d provided.

    When asked for evidence (camera footage/still images) they repeatedly refused to provide it.

    The Police arrived and within a few moments of being there one of the officers assaulted both my husband and I by forcibly taking our phones from us. We were not recording, just holding the devices in our hands.

    They told us he has to go to the police station tomorrow to accept a court date or we cannot fly back home to the uk.

    They will not show us any proof of this alleged incident at all. We have just been verbally provided with a very brief overview.

    This doesn’t at all seem very legal to us at all.

    I just wanted to get some advice on his rights.

    Many Thanks

    • Amanda Thomas

      Good morning, I am very sorry to hear this happened and it seems very off. Firstly, it is important that you attend the police station. You should take a translator with you definitely, and make sure that you get a copy of the report (denuncia). Keep calm and explain the situation clearly. You should then take the report to a local lawyer in the Puerto Banus/Marbella area (we cannot assist as we are much too far away). In Court, they will have to prove everything but our recommendation still is always to engage a private lawyer, do not rely on a Court one please. Also, make sure that you have all contact details for the Court and you have theirs. I do wish you luck, Kind regards, Amanda

  • Wayne

    Hi.. I got arrested in Magaluf for back in 2003 for minor criminal damage on hotel door.. I paid around £200 to the hotel for the damage and I still was arrested and taken to court after spending 24 hours in police cell then I was taken to court where I explain I was abit drunk and I apologise a lot! They let me go but with a piece of paper, and because it was such along time ago i can’t remember what the paper was for, since this I move moved house and area several times and not heard anything.. like I said it was 20 years ago and my mind can’t really remember much about the incident., I’m planning a trip to to Rhodes then from Rhodes to spain I’m just concerned if I will be arrested for what happened 20 years ago ? I’d really appreciate your thoughts on this thank you.

    • Amanda Thomas

      Dear Wayne, After 20 years we are fairly certain that everything will be fine. But if you want to make absolutely sure you can contact us to ask by email for us to obtain a Spanish criminal record certificate for you. However, it does take a few months. With kind regards, Amanda

  • Adam Sheerman

    My friend was arrested in Benidorm a few weeks ago , this was because my friend had been on drugs and was having a seizure in the room , we were due to fly home that day , I did fly home that day as I wasn’t in the hotel when the police arrested my friend , my passport details however were taken by the police at the hotel reception as I was part of that group , me and my partner are travelling to Ibiza in September, Will I be stopped at the airport in Ibiza by the police ? I wasn’t evading that day I was just simply going to get my flight

    • Amanda Thomas

      Dear Adam, I can’t see why there would be a problem as the police would be able to contact you if there had been, Kind regards

  • Ben

    Hi there, in 2018 I was arrested for an altercation with a steward at a sporting event. I was held over night and realised the next day after a ‘mini court’. I have since traveled to Spain with no problem. Around a year later I got an e-mail saying a court date and then once that day had came and gone after trying to arrange a lawyer and attend via Skype I got an e-mail saying I had been found guilty. I have not traveled to Spain since but I would like too, would this flag on a passport check ?

    • Amanda Thomas

      Dear Ben,

      If you have not paid a fine or completed whatever the sentence was yes, it could do. You should send us details of the resolution by email and we can try to assist further. With kind regards, Amanda

  • james daniel

    Hi, my wife was accused of punching a drunk old man. She didn’t. I saw what happened; she wasn’t anywhere near it and was deathly ill at the time with limited mobility. She wasn’t arrested but some days later the police did ask her to ask her to make a statement. She now has a court date in a case of mistaken identity. Is there a possibility of jail time for simple assault (the old man had no marks and wasn’t bleeding)? Please advise.

    • Amanda Thomas

      Dear James, I am sorry to hear this. Your wife needs to talk with her lawyer as we cannot advise without the full information. If she does not have a private lawyer and the case is local to our office please contact us by email and maybe we can assist, but we do not have legal aid lawyers. With kind regards.

  • Steve Marshall

    I was stopped driving a hire car from Gibralar to Spain. My two friends had a box each of cigarettes and a bottle of rum, but they also had 4 additional boxes of cigarettes poorly hidden in the boot of the car. Customs confiscated the car and took copies of our passports. I have now received a letter in the UK from Spain that seems to suggets that I will receive a fine of 2000 EUR for smuggling the 800 cigarettes in the car.

    The cigarettes didn’t belong to me, but I was driving the car. The letter suggests thta I have 15 business days before something else happens – I think I will then receive either a fine and payment instructions, and/or a summons.

    What I would like to know is what the process is now from the receipt of the first letter, through to resolution. Do I have any defence?

    • Amanda Thomas

      Hi Steve, you need to contact a lawyer in the area of Spain near where you were stopped as we are in a different region. Kind regards

  • Samantha

    My partner and I was in lanzarote, we was having a heated discussion and he flicked some leaflets at me that were in a envelope, no intension of physically hurting me was ment, but the envelope caught my eye lid leaving a small red mark, I went to Reception to get water and she see I was abit upset, I explained the situation, lifted my glasses up and she noticed my eye within ten minutes I was put in another apartment and police were called to the hotel, I kept saying I didn’t need police as he really didn’t mean to catch any of my body parts and was apologetic straight after. They was all speaking Spanish and I was told I had to leave with the police and they took me to hospital I was in shock and scared as I didn’t understand what was happening. After the hospital was taken to police station and waiting fo me was forms to sign I had no idea what these were and refused to sign them, they got very angry with me and I felt like a criminal, they got an interpretor to relay what the forms were and I must sign them, I refused I never wanted this to happen. Because I wouldn’t sign I was told I would have to attend court to state I didn’t want to report my partner. I was kept in the police station for about 4hrsconstntlybeing asked to sign in which I refused. On my return I was put in another apartment and told I must not go near him or our appartment. Apparently this was fory safety I was so scared. In the morning I was told I could leave appartment and go to my old 1, withy partner. When entering apparent my partner was not there, all day me and fily from UK were trying to contact him, I asked manager of appartment if he knew were he was he said no, but rung police station and spoke in Spanish, they said they could not tell me anything. And the manager had no knowledge of any 1 being arrested. This is when I got worried and thought he may of gone missing
    I rung the British embacy for help and they raised a file for my partner. 2 days I had no knowledge of where he was u till I went to court. Then my solicitor stated he was in the cells. I was so emotional and spent another day of my holiday stressed and worrying. I signed paperwork and didn’t report my partner as I didn’t want all this from beginning. We had a missing person file set up by British embassy. My partner got released that day, but wouldnt leave appartment through embarrassment and scared to enjoy ourself completely wrecked our holiday, can we claim any money back for this

    • Amanda Thomas

      Dear Samantha, I am sorry you had such a dreadful experience. I am sorry but no you cannot make any claim for this. In Spain, there have been so many past problems with domestic violence that now there is a high level of vigilance and it is taken very seriously by the Courts and police. You did all you could in saying you did not want to prosecute or take it further but the police can do so themselves. With kind regards.

  • Maria

    Hi, I was arrested for stealing something very small like a bracelet or something cheap in 2018 in Torrevieja. I left the country 2months later without doing anything about this. Now I have been sober since and have two young children. Will I be arrested if I go on a holiday to the canary Islands with my family?

    • Amanda Thomas

      Dear Maria, It is difficult to say but yes there could possibly be a problem. Please contact us by email to advise if you have any paperwork relating to the case and send it. We may be able to obtain a criminal record certificate for you, but it costs a few hundred euros and takes a few months. Kind regards. Amanda

  • Bryan

    Hello, in May I had a verbal argument with a street vendor in Barcelona who threatened to contact the police and knew where I was staying in the hotel. I haven’t heard anything since – can I assume nothing happened??

    • Amanda Thomas

      Hi Bryan, it is very unlikely that you wouldn’t have heard something by now. I would try to forget it, Kind regards

  • Andreea

    My brother is in Spain and he has a sexual assault charge.
    Is there any possibility to find out his court date?
    He doesn’t have a place to live and the police took his passport, so he is unable to leave the country

    • Amanda Thomas

      Hi Andreaa, He needs to contact his lawyer that represented him when he appeared in Court or the Court directly. We could not help with this. With kind regards.

  • Didi Blue

    I have been stalked/harassed online by someone in Spain since 2020. She has posted disgusting things about me, harassed my adult family and friends. We have never met and only spoken twice. In January, I reached my limit with the harassment and called via instagram. I yelled at her to stop. She is now claiming that she has filed a complaint that I “animated” her to suicide and the hearing is in a few days. I have never been served legal documents just her emails requesting my physical address and online posts claiming there will be a court date. She is in Spain and I live in another country.

    • Amanda Thomas

      Dear Didi, I am sorry to hear this and I am not sure if we are going to be able to help. But perhaps you could let us know where in Spain are you and she based by email if it is near us, And secondly, if she received something from a Court on your email but this is very unlikely. It is possible she is saying this just to scare you and I do not think you will need to engage us or others as lawyers at this stage. If you are formally presented with legal documents then you need local advice/representation. With kind regards.

  • Callum

    Hello would really appreciate some advice, I was caught by the police in Benidorm in July with a very small amount of Cocaine and was not arrested or told I would receive a fine. They just took it off me and told me to go but did take a picture of my drivers licence. Will I be ok to return to Spain in February next year? Thankyou

    • Amanda Thomas

      Dear Callum, Possession and consumption of cocaine is not a crime. You may get a fine for taking it out. So you can come back to Spain. Kind regards

  • Paul

    I have been arrested for exhibitionism in Majorca and realeased. This is happened on a beach and all though it’s very vague what happened , I urinated where 2 minors were with their parents nearby which I don’t remember seeing. I have been told it’s going to trial in a few months, which I’m devastated about. The duty solicitor and interpreter were a waste of time as didn’t speak any English. I said nothing in front of judge and was realised. What’s the possible outcome on this case?

    • Amanda Thomas

      Dear Paul, I am sorry to hear that. We cannot comment, you do need to communicate with your solicitor (google translate is good) or contact a private lawyer in Mallorca to engage them. Kind regards

  • Perer

    I was arrested in Madrid for allegedly attacking a police officer. This is something I would deny as I was pushed down steps and punched by a police officer prior to being arrested. I was held for about 36 hours then brought into a small room in front of a judge and advised by interpreter to say “no comment”. I was then released “sin fianza” which appears to mean without bail. I travelled home the next day. When should I expect to hear something further on this? Is there much of a backlog in Madrid? Would this prevent me from travelling to Spain in the future? Thank you for any advice.

    • Amanda Thomas

      Good morning, you would need to contact a lawyer in the Madrid region who may have a better idea when you may hear something. I would advise trying to follow this up. With kind regards

  • Hola

    Thank you for your great advice here. I live in Spain. A few days ago I got into a fight. There was no injury. The other party called the police who took my details and a short statement but didn’t arrest me. The other party said they would denounce me, but I am not sure if they will actually do that. How much time do they have to do this and after how much time would I know I will be ‘safe’?

    • Nicola Ryan

      Thank you for your enquiry Hola,

      As far as we are aware there is no timescale to when you have to make a denuncia after an incident.

      Kind regards
      Nicola

  • Smith

    In 2007 I was arrested along with a friend for drug trafficking when we were 18 years old. We spent a month in prison before being released on bail. We returned to our country a year and a half later and haven’t returned to Spain since. My solicitor at the time of the trial (a year or so later) informed me that the case could not go ahead in my absence on the date set and that it was unlikely an EAW would be issued, I just could not return to Spain. I was pregnant at the time and was too scared to return which I now regret. Do the statute of limitations apply here? We have tried unsuccessfully a few times to sort this out from our country but kept getting different advice from each solicitor we contacted in Spain in regards to whether we would need to be there in person or not for this to be sorted out and wether we would be immediately arrested and held etc so ended up giving up as we are now both married with children and couldn’t bring ourselves to walking in to the unknown.

    • Amanda Thomas

      Good morning, The best thing is to try to contact the solicitor who dealt with the case in Court, which will be on the paperwork. It is very difficult to know the situation otherwise. With kind regards.

  • Precious

    I have a wrong age on my passport when I migrated to Spain. All along, I had wanted to change it legally but do not know how to go about it. I have been given a citizen recently and after few years, I met someone who told me I can change the age to my right age. Just few months after applying at the civil registry to change the age to my right age, I received a summon. Does this mean trouble?

    • Nicola Ryan

      Thank you for your enquiry Precious,

      We will not be able to answer this, we are sorry.

      You need to contact the courts to confirm what the summons is for and if it relates to the age change.

      Nicola

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