Criminal Defence Lawyer in Alicante

First of all: do not make a statement without a lawyer. Article 520 of the Ley de Enjuiciamiento Criminal (Spanish Criminal Procedure Act) gives every person under arrest the right to remain silent, not to incriminate themselves, to appoint a lawyer and to be assisted by that lawyer without unjustified delay, as well as the right to an interpreter, to a forensic medical examination and to have the arrest notified to a relative. The lawyer may meet privately with the person under arrest before they give a statement to the police or the court. Police custody may not last longer than strictly necessary and, in any event, within a maximum of 72 hours the person must be released or brought before a judge. If the arrest takes place in Alicante, you can call 649 88 63 63 24 hours a day: we attend the police station from the very first moment.

Because criminal proceedings are full of strict time limits: evidence, an appeal or a plea of nullity that is not requested at the right moment usually cannot be requested later. Working exclusively in this field means knowing the case law applicable to each type of offence and how the investigating and criminal courts of Alicante and the Audiencia Provincial (Provincial Court) really work — we have practised there since 1996. At Soler Martín Abogados we do not handle divorces or inheritance matters: only criminal law and its related fields —immigration, compliance and prison law—.

A meeting, in person or by video call, covered by legal professional privilege, which binds the lawyer whether or not you go on to instruct us. We listen to the facts, review the available documents —police report, complaint, summons or court order— and carry out a case viability analysis: what stage the proceedings are at, which deadlines are running and what defence options exist. From there we set out in writing the procedural strategy, the scope of our work and the fee estimate.

They depend on three factors: the complexity of the proceedings, the stage they are at —investigation, trial, appeal or enforcement of sentence— and the foreseeable workload. A written fee estimate is always given before we take on the defence, setting out what each stage includes so that no unexpected charges arise. It is also worth knowing that article 520 LECrim itself gives the person under arrest the right to apply for legal aid if they meet the financial requirements laid down by law.

This is the point that complicates most cases, and it is why we work on both matters together. Article 57.2 of Ley Orgánica 4/2000 provides for the expulsion of a foreign national convicted of intentional conduct that constitutes an offence in Spain punishable by more than one year's imprisonment, unless the criminal record has been expunged. For long-term residents, the authorities must also weigh the length of residence in Spain, the ties created, the person's age and the consequences for them and their family. The practical conclusion is clear: the criminal and the immigration strategy cannot be designed separately.

Yes. The enforcement of a sentence has its own defence work: classification and progression of prison regime, release permits, appeals before the Juez de Vigilancia Penitenciaria (prison supervision judge) and parole. As a general rule, article 90 of the Código Penal requires, for ordinary parole, that the person be classified in tercer grado (open regime), have served three quarters of the sentence imposed and have shown good conduct; from there the court assesses the personality of the convicted person, their record, the circumstances of the offence and their conduct while serving the sentence. There are also earlier options at two thirds and, for first-time offenders with sentences of up to three years, at half. Each case requires an individual study of the prison file.