Detainee assistance
An arrest is an extremely stressful moment. We act quickly so that the person arrested has support and is properly informed.
What it involves
Detainee assistance (asistencia al detenido) is the right of every person who has been arrested to have a lawyer from the very first moment, at the police station and before the judge. The lawyer checks that the arrest is lawful and that your rights are respected, and advises you before you make any statement.
Is this your case?
- Your partner, your child or another relative has been arrested and you don't know where they are or what is happening.
- You have been arrested and want a lawyer you trust instead of the duty lawyer.
- You are going to be questioned at the police station and don't understand the language well.
- The arrest is related to your residence situation and you are afraid of being deported.
How we help
We go to the police station or the duty court as soon as possible, meet the person arrested in private and advise them on whether it is in their interest to make a statement. We keep the family informed as far as the law allows and, if the person is brought before a judge, we continue with the defence. When needed, we coordinate with interpreters and with our immigration team. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.
If the arrest is linked to not having residence papers, we look at deportation / expulsion, and if the case is handled through the accelerated procedure, we go with you to the fast-track trial.
Frequently asked questions
- What are my rights if I am arrested?
- Among others: to remain silent and not to incriminate yourself, to be assisted by a lawyer, to an interpreter if you don't understand the language, to have a relative informed and, if you are a foreign national, your consulate, and to be examined by a doctor.
- Can I choose my lawyer or will I be given a duty lawyer?
- You can appoint a lawyer you trust. If you don't, you will be assigned a duty lawyer (abogado de oficio). If your family calls us, we arrange the appointment and come as soon as possible.
- If an undocumented foreign national is arrested, can they be deported?
- The arrest can also lead to expulsion proceedings and, in some cases, detention in an immigration detention centre is requested. It is important to act from the very first moment to defend their rights on both fronts.
Last updated:
Tell us about your case.
A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.