Criminal defence lawyers in Marbella.

01

Defence and private prosecution

We defend people under investigation or charged, from the summons or arrest through to trial and appeal. And we act for victims as private prosecutors (acusación particular), a role Spanish law gives the injured party: we join the case, request investigative steps, argue the prosecution and claim back what was lost in the same proceedings.

• Fraud, including property scams: stolen deposits, double sales and fake owners.
• Misappropriation and breach of trust.
• Corporate and financial crime: falsified accounts, abusive resolutions against minority shareholders.
• Online fraud and cybercrime: bank impersonation, unauthorised transfers, fraudulent use of cards.
• Driving offences and assault causing injury.

02

Property fraud

The pattern repeats: an advert, a deposit paid by transfer and an “owner” who stops answering. The Spanish Criminal Code treats as fraud selling or letting a property while falsely claiming the power to dispose of it, and selling again what was already sold as unencumbered; fraud involving a home carries a higher penalty. Report it early, with all the documents, and ask the court to trace and freeze the money. A purely contractual dispute, such as a breached deposit contract, belongs in the civil courts.

03

Foreign nationals arrested or investigated

Anyone arrested must be told in writing, in a language they understand, what they are accused of and what their rights are. Police custody can never exceed seventy-two hours before release or appearance before a judge. You have the right to:

• Remain silent and give a statement only before the judge if you prefer.
• A lawyer of your choice, whom you may consult in private before any statement, including at the police station.
• A free interpreter and translation of essential documents (any detention order, the indictment and the judgment), under Directive 2010/64/EU and paid for by the State whatever the outcome.
• Have a relative and your country’s consulate informed of your arrest.

04

Fast-track trials and European Arrest Warrants

Many cases of drink-driving, assault or theft start with a police report and go to a fast-track trial (juicio rápido), sometimes within days. Driving with more than 0.60 milligrams of alcohol per litre of exhaled air is always a crime, and refusing the test is a separate one. If the accused accepts the facts at that stage, the law provides for a reduced sentence; review the police report with your lawyer before accepting.

A European Arrest Warrant issued by another EU country is not decided in Marbella but in Madrid, by the investigating section of the Central Court of First Instance (Tribunal Central de Instancia). The requested person may consent to surrender or oppose it, always with a lawyer and an interpreter.