Criminal law · Marbella and the Costa del Sol
Night-time arrests, drink-driving, fights outside bars and warrants from abroad. We answer at any hour, in English, and our office is in Marbella itself.
Talk to a lawyer today
Whether you live in Marbella or are here for the summer, a criminal case tends to start without warning: a scuffle outside a bar in Puerto Banús, a breath test on the drive home, a knock at the door over a warrant from another country. If someone has been arrested, phone us on +34 711 29 14 66 whatever the hour. If you would rather see us in person, our office is in the Oasis shopping centre.
Written and reviewed by Jimena Sastre, criminal lawyer.
Updated on 4 October 2026.
Our arrest line is answered every day of the year, small hours included. We turn up wherever the person is being held, at a police station or a Guardia Civil post, and if the arrest happened elsewhere in Spain, we travel there.
After an arrest in Marbella, Benahavís, Istán or Ojén, you go before the duty judge of the Marbella court, now called the Tribunal de Instancia. If the offence can carry more than five years in prison, the trial is held at the Audiencia Provincial in Málaga.
A tourist arrested in August has the same rights as anyone living here: a free interpreter, the consulate informed and a private word with a lawyer before any statement. If you want to go home while the case continues, we put it to the judge and tell you which dates you will need to come back for.
European arrest warrants and extradition requests go to the Audiencia Nacional in Madrid, whichever town the arrest took place in. Warrants from the UK now come under the Trade and Cooperation Agreement between the UK and the EU and go to the same court. We have an office in Madrid as well.
If the arrest is tonight
You have the right to stay silent, to name your own lawyer, to an interpreter paid for by the State and to have your consulate told. Police custody has a hard limit of 72 hours; by then you are either released or in front of a judge.
Where to start
A few details by WhatsApp or phone are enough for us to tell you the first step.
I was arrested after a fight in Puerto Banús
The medical report often decides between a minor offence and one that carries prison: did the injury need treatment, or only a dressing? Footage from the venue and the street must be requested quickly, because by law it is wiped after a month.
I was over the limit driving home
The criminal threshold is 0.60 milligrams per litre of breath. Below it you can still be charged if officers record clear signs of drunkenness. Expect a rapid trial within days.
Drugs were found in my car or villa
The question is usually whether they were for your own use or to pass on. The amount, how it was packed, any cash found and the messages on your phone all count.
There is a warrant for me from another country
The Audiencia Nacional decides. You can consent to being handed over or oppose it, and before choosing you should know what sentence you face there and whether you could serve it in Spain.
My accounts are frozen or my property purchase is under investigation
Banks, notaries, land registrars and estate agents must report suspicious transactions. If you are summoned as a suspect, we put together the paperwork that shows where the money came from.
My partner or former partner has gone to the police
Marbella has a court section that deals only with violence against women. A restraining order usually comes early, and breaching it is a separate offence that carries prison.
I am a foreign resident and fear for my permit
Before any plea deal we check whether the sentence could lead to removal from Spain or cause trouble when you renew your residence card. Immigration lawyers in Marbella
My watch was stolen or I was attacked
We help you file the complaint and join the case as private prosecutor. If you live abroad, we follow the case for you and let you know when you need to be here.
Worth knowing
Where an injury needs medical or surgical treatment and not just first aid, the Criminal Code allows three months to three years behind bars or a fine. An injury that heals without treatment is a minor offence, fined, and only prosecuted on the victim’s complaint. Hitting someone with a dangerous object, a bottle for instance, opens the way to two to five years.
A reading above 0.60 mg/l on the breathalyser, or above 1.2 g/l if blood is tested, is punished with three to six months’ imprisonment, a fine or community service, and in every case a driving ban of one year and one day to four years. Turning down the test exposes you to between six months and a year in prison, with the same loss of licence.
Buying or selling assets knowing they were paid for with the proceeds of crime means between six months and six years behind bars, plus a fine that can reach three times their value. Gross negligence in not checking carries six months to two years. The offence is only time-barred after ten years, and the property itself can be confiscated.
You must be brought before the central investigating judge within 72 hours of arrest and heard within another 72. With your consent, the judge rules within ten days. If you oppose it, a final decision is due within sixty days of the arrest, extendable by thirty. Spanish nationals and residents can ask to serve any prison sentence here.
For offences committed after 31 December 2020, British nationals no longer have the extra protection against expulsion that the Spanish Criminal Code gives EU citizens. Any prison term above one year may be swapped for removal from Spain, though your ties here are taken into account.
How we work
Once we know where they are being held and the offence alleged, we set off. You know the price for the station before we move.
We see them in private and agree whether they will make a statement, to whom and about what.
We press for release and argue against the measures the prosecution wants.
We request footage, medical reports and anything missing from the file, and send you every development in writing, in English.
When a deal with the prosecutor is the better route, we negotiate it; when it is not, we fight the case in court. Before you choose, we tell you what each path risks.
FAQ
Yes. If someone has been arrested, call +34 711 29 14 66 at whatever hour; we answer in English and Spanish. For anything else we give you an appointment at our Marbella office.
No. If first aid was all the injury needed, the offence is a minor one and it stops there unless the injured person complains. If there was medical treatment, or a glass or a bottle was used, it is a good deal more serious.
Yes, on its own. The law sets between six months and a year in prison, and you lose your licence for anything from a year and a day to four years. It often costs more than failing the test would have.
That depends on the duty judge. If you are released without a ban on leaving Spain, yes, but you will have to give an address and come back when summoned. We follow the case for you in the meantime.
Yes, under a European arrest warrant, a UK arrest warrant or an extradition request. The Audiencia Nacional in Madrid decides, and you can oppose being handed over. We defend you there; we have an office in Madrid too.
Yes. The first three come under the Marbella courts; Estepona has its own, and we go there too. For arrests we cover the whole of Spain.
Before we set off, we give you the price of attending the police station and duty court over the phone. If the case continues, you receive a written quote.
Client reviews
Jimena Sastre ha sido una excelente abogada de inmigración que me ha guiado durante todo el proceso de solicitud de la nacionalidad española. Ha sido profesional, amable, siempre dispuesta a responder mis preguntas y me ha orientado correctamente. Su enfoque hizo que mi solicitud fuera mucho más sencilla y sin estrés, y la recomiendo a otros expatriados/inmigrantes que necesiten asesoramiento y asistencia legal para sus solicitudes de residencia o nacionalidad.
El equipo de esta firma ,son sencillamente los mejores, muy profesionales, responsables, y de completa confianza. 200% recomendables!!
Todos hemos visto alguna vez pelis de abogados, que hacen milagros en los juzgados, y hemos pensado, que en la vida real estas cosas no pasan… Pero los de SyC lo consiguen. Solo puedo decirles Gracias por estar a mi lado siempre! En hora buena por vuestro trabajo!
Criminal law elsewhere
En español
Static map with the address and a link to Google Maps.
Open in Google Maps