CRIMinal law
CRIMinal law
If you have been the victim of a criminal offence or are being investigated by the Police or the Spanish Prosecutor, even in cases where your involvement has been indirect, it is only normal to feel worried and anxious about the allegations being made against you and the possibility of a criminal conviction or custodial sentence resulting.
It is for this reason that instructing a Spanish qualified Lawyer specialising in Criminal Law is of utmost importance in order to fight against all charges being pursued against you and reduce the terms of a possible conviction.
The Spanish Criminal Code is notably complex, with arcane language and a complicated mechanism for calculating penalties and fines.
If you find yourself the subject of a Criminal Proceeding in Spain you should contact a Criminal Specialist Lawyer as soon as possible. Following your initial arrest, you should be given the opportunity to make that call.
When a criminal offence has been committed in Spain, unless the case is of extreme seriousness, it is likely that the arrested party will be released by the Police pending further investigations and following a brief deposition before the Court. Since your passport is not normally held by authorities, you will be forgiven for thinking you can go back home and forget about what happened. However, you may not be aware that, silently in the background, a criminal case against you is slowly making its way through the Court's motions.
At DRM Abogados, we have seen many times how clients are charged with a criminal offence one or two years later after the event and once they had already returned home not realising that a criminal matter was advancing slowly through the Courts. It is for this reason, that even following a prompt release, you should contact a Solicitor as soon as possible. Not presenting a Defence can have incredibly damaging consequences for an individual.
Most criminal proceedings will go through the following stages:
(1) Following the first detention or arrest the matter will be referred to a Criminal Court for further investigation. If the crime is not of utmost seriousness, it is likely that the accused will be released whilst the investigations progresses.
(2) The Court will open a Criminal Matter against the suspected perpetrator and take depositions from witnesses and other parties as well as collecting any other evidence available.
(3) Once the Court's investigation is complete, the entire file will be referred to the Spanish Prosecutor, who will likely draft a formal accusation containing a description of what happened, the charges being pursued and the sentence being requested – normally a prison sentence, a fine and/or compensation for damages or injuries sustained. It is also at this point that a trial date will be set and the relevant parties will be summoned to attend at whichever address the Court holds in their file for you. If notification fails, an European Arrest Warrant is likely to be issued and referred to authorities in other countries.
(4) We will then need to file a written Defence, which is essential in order to defend you properly and which might in fact lead to the charges being dropped before a Trial even takes place.
(5) At all times it may be possible to reach a settlement with the Spanish Prosecutor - and you may be advised to plead guilty in exchange for a reduction in your sentence or a suspended sentence. It is important that these discussions are undertaken by an experienced litigator as they require time and skill.
(6) Trial, Sentencing and Appeals if so advised
To avoid unnecessary problems, including the issue of an international arrest warrant, it is advisable to contact a specialised Criminal Lawyer as soon as possible following your release. At DRM Abogados, we can act for you in Court and receive any notifications on your behalf ensuring the processes are followed correctly and without escalating unnecessarily and maximising your chances of reducing or avoiding a criminal conviction altogether.
To discuss the particulars of your case, please do not hesitate to contact us online or by ringing on (+34) 952 78 04 54.
It is for this reason that instructing a Spanish qualified Lawyer specialising in Criminal Law is of utmost importance in order to fight against all charges being pursued against you and reduce the terms of a possible conviction.
The Spanish Criminal Code is notably complex, with arcane language and a complicated mechanism for calculating penalties and fines.
If you find yourself the subject of a Criminal Proceeding in Spain you should contact a Criminal Specialist Lawyer as soon as possible. Following your initial arrest, you should be given the opportunity to make that call.
When a criminal offence has been committed in Spain, unless the case is of extreme seriousness, it is likely that the arrested party will be released by the Police pending further investigations and following a brief deposition before the Court. Since your passport is not normally held by authorities, you will be forgiven for thinking you can go back home and forget about what happened. However, you may not be aware that, silently in the background, a criminal case against you is slowly making its way through the Court's motions.
At DRM Abogados, we have seen many times how clients are charged with a criminal offence one or two years later after the event and once they had already returned home not realising that a criminal matter was advancing slowly through the Courts. It is for this reason, that even following a prompt release, you should contact a Solicitor as soon as possible. Not presenting a Defence can have incredibly damaging consequences for an individual.
Most criminal proceedings will go through the following stages:
(1) Following the first detention or arrest the matter will be referred to a Criminal Court for further investigation. If the crime is not of utmost seriousness, it is likely that the accused will be released whilst the investigations progresses.
(2) The Court will open a Criminal Matter against the suspected perpetrator and take depositions from witnesses and other parties as well as collecting any other evidence available.
(3) Once the Court's investigation is complete, the entire file will be referred to the Spanish Prosecutor, who will likely draft a formal accusation containing a description of what happened, the charges being pursued and the sentence being requested – normally a prison sentence, a fine and/or compensation for damages or injuries sustained. It is also at this point that a trial date will be set and the relevant parties will be summoned to attend at whichever address the Court holds in their file for you. If notification fails, an European Arrest Warrant is likely to be issued and referred to authorities in other countries.
(4) We will then need to file a written Defence, which is essential in order to defend you properly and which might in fact lead to the charges being dropped before a Trial even takes place.
(5) At all times it may be possible to reach a settlement with the Spanish Prosecutor - and you may be advised to plead guilty in exchange for a reduction in your sentence or a suspended sentence. It is important that these discussions are undertaken by an experienced litigator as they require time and skill.
(6) Trial, Sentencing and Appeals if so advised
To avoid unnecessary problems, including the issue of an international arrest warrant, it is advisable to contact a specialised Criminal Lawyer as soon as possible following your release. At DRM Abogados, we can act for you in Court and receive any notifications on your behalf ensuring the processes are followed correctly and without escalating unnecessarily and maximising your chances of reducing or avoiding a criminal conviction altogether.
To discuss the particulars of your case, please do not hesitate to contact us online or by ringing on (+34) 952 78 04 54.