An arrest is one of the most disorienting experiences a person can go through. Fear, surprise and lack of information lead many people to make mistakes in those first hours that later seriously complicate their defence. This guide explains, step by step, your rights if you are arrested in Girona, what police can and cannot do, and why acting correctly from the very first minute is decisive.

What is an arrest and when can it happen

Police can arrest a person when there are reasonable grounds to believe they have committed an offence, when there is a judicial arrest warrant, or at the moment of committing a flagrant offence. An arrest is not a conviction and does not imply guilt — it is a precautionary measure to bring the person before the judicial authority while the matter is investigated.

In Girona, arrests are handled mainly by the Local Police, the Mossos d'Esquadra (Catalan police), or, in certain cases, the Guardia Civil, and the arrested person is taken to a police station or, where applicable, to Girona's Duty Court (Juzgado de Guardia).

Your rights during an arrest

Spanish law recognises a set of inalienable rights for any arrested person, set out in Article 520 of the Criminal Procedure Act:

The right to know the reasons for your arrest. You must be informed, in language you understand, of the facts attributed to you and the reasons for your arrest.

The right to remain silent. You are not obliged to testify against yourself or to confess guilt. You may refuse to answer some or all questions.

The right not to testify against yourself. Nothing you say can be used against you if you choose to exercise your right to remain silent.

The right to legal assistance. You may request a lawyer of your choice or, if you do not have one, a duty lawyer will be assigned to you free of charge. This lawyer must be present at all police and judicial proceedings, including your statement.

The right to have your arrest communicated to a family member or trusted person. You have the right to have your arrest and place of custody reported, without unjustified delay, to a person you designate.

The right to an interpreter. If you do not speak or understand Spanish or Catalan, you have the right to free interpreter assistance.

The right to a medical examination. You may request a medical examination during your time in custody.

The right to access essential elements of the proceedings. Your lawyer has the right to access the elements of the proceedings that are essential to challenge the legality of the arrest.

What police can and cannot do

Police can:

Arrest you if there are reasonable grounds for an offence, a judicial warrant, or a flagrant offence
Search your personal belongings at the time of arrest
Hold you for the time strictly necessary to carry out the relevant inquiries, with a legal maximum of 72 hours before you must be brought before a judge
Take your statement, always with your lawyer present if you choose to have one

Police cannot:

Force you to testify or sign any document without your lawyer present, if you have requested one
Hold you beyond 72 hours without bringing you before a judge
Enter your home without your consent, a judicial warrant, or a flagrant offence
Use any form of coercion, threat, or degrading treatment to obtain a statement

Why the first 24 hours are decisive

What happens in the first hours after an arrest shapes much of the subsequent defence strategy:

Your initial statement sets the direction of the case. An improvised statement, made without prior guidance from a lawyer, may contain contradictions or admissions that are very difficult to qualify later before a judge.

The police report is drafted during these hours. This document records the events from the police's perspective and carries significant weight in later stages of the proceedings. Having your lawyer access it and raise the appropriate objections from the very start is crucial.

Appearance before the Duty Court. If the arrest is maintained, the arrested person is brought before the judicial authority, usually Girona's Duty Court, where the judge decides on their personal situation: release with or without charges, provisional release with precautionary measures, or pre-trial detention in the most serious cases. Preparing with your lawyer before this hearing is decisive.

What to do if you are arrested: practical steps

Stay calm and do not physically resist, even if you believe the arrest is unjust. Resisting can add further charges.

Exercise your right to remain silent until your lawyer is present. You are not required to explain anything at the time of arrest.

Explicitly request the presence of a lawyer, of your choice or a duty lawyer, before making any statement.

Ask for a family member or trusted person to be informed of your arrest and where you are being held.

Do not sign any document without your lawyer reviewing it first.

Mentally note the details: time of arrest, officers present, location, any relevant circumstances. You can pass these on to your lawyer as soon as you are able to speak with them.

What to do if a family member has been arrested in Girona

If a family member or close one has been arrested, the first step is to locate which police station or facility they are being held at — police are required to inform whoever the detainee designates. From there, contacting a criminal defence lawyer immediately is the priority: the sooner the defence steps in, the more room there is to act during police proceedings and before the judicial hearing.

Why you need a criminal defence lawyer from the first minute

Many people believe it is enough to have a lawyer "for the trial," without realising that the decisions that most affect the final outcome of a criminal case are made in the first hours: whether to make a statement, what to say, how to challenge the police report, and how to present the situation before the Duty Court.

A criminal defence lawyer present from the moment of arrest can prevent irreversible mistakes, negotiate your personal situation before the judge from a stronger position, and begin building a defence strategy with all the available information — not with whatever remains after proceedings have already moved forward without proper legal assistance.

At Sánchez Ruiz Abogados we provide urgent 24-hour assistance for arrests in Girona. If you or a family member are in this situation, contacting us immediately makes a real difference.

Frequently asked questions

How long can police keep me in custody?
A maximum of 72 hours, after which you must be released or brought before a judge.

Do I have to make a statement if I'm arrested?
No. You have the right to remain silent and not to testify against yourself. It is advisable to exercise this right until your lawyer is present.

Can I choose my own lawyer, or will one be assigned to me?
You can choose a lawyer of your trust. If you do not have one, a duty lawyer will be assigned to you at no cost.

What happens after the 72 hours of detention?
You must be released or brought before the Duty Court, where the judge will decide your personal situation: release, release with precautionary measures, or pre-trial detention, depending on the severity of the case.

Arrested in Girona? Your Rights in the First 24 Hours