FAQ criminal proceedings

1. I have a family arrested Can I communicate with him?
No, it is not possible. Only you can communicate lawyer, once you’ve testified.
2. I have a family stopped, and do not know when they are going to release.
The arrest has a maximum of 72 hours, while the police must bring to justice the detainee as soon as possible.
3. After declaring before the judge, put my family in freedom?
It depends mainly on the severity of the crime. If it is a felony (punishable by more than three years in prison), the judge has to assess mainly the risk of leakage to what focussing on the personal circumstances of the detainee (family, social, employment ties, etc.)
4. I have been appointed a lawyer. Is it mandatory to defend me throughout the procedure?
no, it is not. You have the right to freely choose a trusted lawyer, and therefore may use at any time of the defense of any other lawyer who has been assigned counsel.
5. Han declared income in custody of a relative, and not know how to act.
The lawyer of the family will tell you why that has decreed the imprisonment and possible resources that fit. There is a visitation to prison. Each inmate has a visit per week, and to go to it, to be an authorized person.
6. Can I leave Spain if I am accused in a criminal proceeding?
Yes, while the judge has not taken any precautionary measure to that effect.
7. I have to appear twice a month to sign with the Court. Can you lift this obligation?
It is a duty called “apud acta” and is a precautionary measure to ensure their presence in the process. You may revoke it, and for this we must make a request to the court stating the reasons for maintaining this precautionary measure is no longer necessary.
8. The criminal case has a maximum duration?
The prescription of the crimes as long as they have not given circumstances that have interrupted this requirement. In any case, excessive duration of the case may lead to the application of a mitigating by undue delay.
9. I want to file a complaint and not know where.
You can do this verbally to the police or Civil Guard, or in writing to the magistrate.
10. I filed a complaint and do not know what happened to her.
If you are not someone with a barrister and solicitor, the court is not going to notify resolutions that will be issue in relation to this complaint.
11. Do I have to pay court fees for reporting the commission of a felony or misdemeanor?
No, you are exempt from this obligation.
12. If I report will process?
Not necessarily. Only if the facts are criminalized or missing, and there known author.
13. What types of resources against sentences fit?
Against judgments of the Court of Investigation and Criminal Court it is appealed before the Provincial Court. Against the judgments of the Provincial Court in the first instance, it is appeal to the Supreme Court.