If a relative is arrested, the first goal is real legal assistance and no statement without a strategy. In Madrid detention may lead to custody, the duty court or release with a summons. Every hour counts to locate them and who defends them. This analysis sets out what to do —and what not to do— in the first hours, with the judgement we use when the phone rings off-hours.
What to do in the first hour
Call a trusted lawyer or the firm. Useful data: full name, approximate place of arrest, known police station, approximate time, and whether minors, medication or language barriers complicate assistance.
Do not ask the detainee to “tell everything” by phone. Conversations may be overheard or misread. The useful message is short: do not make a statement without counsel; do not sign anything until counsel has seen it.
If the station calls asking for data or “family cooperation”, note time, name and what they ask. We review it with the attending lawyer. Good-faith cooperation is not the same as handing over information that harms the defence.
Locate basic documents if you have them: ID or NIE, contact details, and any prior notice or summons. Do not improvise a “family story” for the police: that is not defence.
Rights that actually matter
The detainee has the right to a lawyer and to remain silent. Declaring “to clarify” without knowing the file often closes worse paths than informed silence. Silence is not guilt; it is a tool.
A relative may be informed. That does not replace defence. If a duty lawyer is suggested and you want your own counsel, say there is already a designation and provide the contact.
Common mistake: signing papers “to get out sooner” without counsel reviewing them. Deadlines and hearings are managed with judgement, not with someone else’s rush.
If there is a language barrier, ask for assistance in a language they understand. We work in Spanish, Romanian and English: that matters when the detainee or family cannot defend themselves well in Spanish.
Police station, custody and the duty court
Not every detention ends the same way. There may be a statement, transfer to court, release with a summons or, in serious cases, a request for remand. Relatives need realistic guidance, not promises.
The duty court is not an administrative formality. It is often when liberty or precautionary measures are decided. Having prepared counsel changes the quality of that hearing.
If the matter is economic, corporate or involves a company, detention is not only “pure criminal”. Coordinate with whoever holds the wealth thread so versions do not mix and documents are not lost.
Off-hours we reply at once. A voice or chat filter may answer first; you can ask for a person anytime. The goal is to alert counsel quickly, not to fill a form.
Mistakes that worsen the case
Posting on social media, “telling everyone” or building a public narrative. That frees no one and can contaminate strategy.
Pressuring the detainee to give “the full truth” without counsel. Procedural truth is built with the file and evidence, not with a nervous family call.
Handing documents, passwords or access to the police without counsel’s judgement. Sometimes it helps; sometimes it closes doors. Defence decides.
Assuming “if they did nothing, nothing happens”. Procedure does not work that way. Early defence avoids damage that later takes months to undo.
What we do at the firm
We activate counsel, locate the detention centre or duty court, and decide whether to speak, remain silent or prepare the hearing.
We review what is known of the facts, whether there are prior or parallel matters, and whether civil, commercial or immigration coordination is needed.
We speak clearly with the family: what can be done now, what is outside our control, and which decision belongs to the detainee with their lawyer.
If the case continues (investigation, trial, measures), a partner keeps the thread. The urgency of the first night does not become a file lost among associates.
After the first hours
Detention is only the start. There may follow a summons, a longer investigation or a request for measures. The family needs to know what to watch: deadlines, notices and consistency of the account.
If a company, accounts or assets are at stake, freeze impulsive decisions (messages to partners, deleting files, informal “fixes”). Those reactions often worsen the procedural position.
When minors or immigration issues are involved, the impact is not only criminal. We coordinate so one urgency does not open a second front by neglect.
In the next conversation we ask: where they were held, whether they made a statement, what papers they received, and what the family knows of the facts. With that we set the strategy for the next 48–72 hours.