Best Criminal Defense Lawyers in Bilbao

About Criminal Defense Law in Bilbao, Spain

Criminal defense in Bilbao operates within the Spanish criminal justice system, with local courts and police agencies applying national criminal law and procedure. The main criminal statutes are the Código Penal - Spanish Criminal Code - and the Ley de Enjuiciamiento Criminal - Criminal Procedure Act. Cases in Bilbao are handled by local investigation courts, criminal courts, and the Audiencia Provincial de Bizkaia for appeals. Local police forces involved commonly include the Ertzaintza - the Basque autonomous police - and national bodies such as Policía Nacional and Guardia Civil. Defendants have constitutional rights that include presumption of innocence, the right to remain silent, the right to legal assistance, and the right to an interpreter when needed.

Why You May Need a Lawyer

A criminal defense lawyer provides legal advice, protects your rights, and represents you in police interviews, hearings, and trials. Common situations where you should seek a lawyer include being detained or arrested, being accused of an offense, receiving a summons to appear in court, being investigated as part of an instrucción - investigative - phase, or when a prosecutor brings charges against you.

Lawyers help with immediate actions - such as advising during police custody, requesting evidence preservation, and arranging bail or provisional release - and with longer-term strategy, including negotiating with prosecutors, preparing defenses, challenging evidence, and representing you at trial and on appeal.

Even if you believe the case is minor or you are not sure whether you are under investigation, early legal advice can prevent mistakes that might harm your defense - for example, giving statements without counsel or failing to gather key evidence.

Local Laws Overview

Key elements of the legal framework relevant in Bilbao include:

- Penal classification: Conduct is classified under the Código Penal as delitos - more serious crimes - and delitos leves - less serious offenses - since the removal of the old faltas system. Penalties can range from fines and community service to imprisonment and disqualification from public positions.

- Criminal procedure: The Ley de Enjuiciamiento Criminal governs investigation, detention, evidence collection, and trial procedure. The process typically begins with a police investigation, then judicial instruction by a Juzgado de Instrucción, and may proceed to a Juzgado de lo Penal or the Audiencia Provincial depending on seriousness and appeal needs.

- Detention and police custody: Police can detain a suspect for questioning - the commonly referenced period is up to 72 hours for serious matters - before presenting them to a judge. The exact rules vary by context and the authority detaining the person. Judges may order provisional pre-trial detention if justified.

- Rights of the accused: Constitutional protections include the presumption of innocence, right to defense and legal assistance, right to be informed of charges, right to remain silent, and right to an interpreter if you do not understand Spanish or Basque.

- Public prosecution and victim rights: The Ministerio Fiscal - public prosecutor - brings many criminal cases. Victims have rights to information, assistance, and to participate in proceedings as acusación particular or through victim assistance services.

- Legal aid: Asistencia jurídica gratuita - state-funded legal aid - may be available based on income, assets, and case type. Applications are handled through the Colegio de Abogados local offices and relevant judicial administration.

Frequently Asked Questions

What should I do if the police stop me or arrest me?

Stay calm, identify yourself if required, and clearly ask whether you are free to leave. If you are detained or arrested, immediately request a lawyer and exercise your right to remain silent until you have legal advice. Avoid making statements without a lawyer present.

Do I have the right to a lawyer immediately?

Yes. If you are detained or charged, you have the right to legal assistance. If you cannot afford a lawyer, you may be eligible for state-funded legal aid. Ask the police to notify a lawyer or request legal aid through the Colegio de Abogados de Bizkaia or the judge at first appearance.

How long can I be held in police custody?

Police custody for investigative purposes is commonly up to 72 hours before the detainee must be brought before a judge, although specific circumstances and legal grounds affect the maximum period. A judge can then decide on release, bail, or provisional detention.

What is the difference between delitos and delitos leves?

Delitos are more serious crimes that may carry higher penalties including imprisonment. Delitos leves are minor offenses with lighter penalties such as fines or short-term community measures. The procedure and courts handling the matter depend on the classification and severity.

Can I get legal aid and how do I apply?

Legal aid is available for those who meet financial and case-type criteria. You apply through the local Colegio de Abogados office or at the court when first appearing. You will need to provide identity and financial information for eligibility assessment.

How long will the criminal process take?

Duration varies widely - from weeks for minor cases resolved by plea or fine, to months or years for complex investigations and trials. Appeals add additional time. Early lawyer involvement can streamline steps and help manage timelines.

What evidence can be used against me?

Evidence can include witness statements, forensic reports, CCTV, digital evidence, written documents, and police reports. Defense counsel can challenge the admissibility, reliability, and legality of evidence obtained in violation of rights.

Can I be detained without charges?

Police may detain a person briefly for investigation. However, prolonged detention without formal charges must be justified under procedural rules and the detainee should be brought before a judge within the legal timeframe for a judicial decision on detention or release.

What if I am a foreign national or do not speak Spanish?

You have the right to an interpreter and to understand the charges and proceedings. Consular assistance may also be available. Inform the police and your lawyer if you need language assistance and contact your country consulate if appropriate.

How do I choose a criminal defense lawyer in Bilbao?

Look for a lawyer with criminal defense experience, knowledge of local courts in Bizkaia, and good communication in your language. Ask about track record, strategy, fees, and whether they will handle your case personally. Consider checking with the Colegio de Abogados de Bizkaia for referrals and professional standing.

Additional Resources

Useful local bodies and organizations include:

- Ilustre Colegio de la Abogacía de Bizkaia - for lawyer directories and legal aid procedures.

- Audiencia Provincial de Bizkaia and local Juzgados de Instrucción and Juzgados de lo Penal - for court locations and administrative information.

- Fiscalía Provincial de Bizkaia - the public prosecutor's office for information about prosecutorial procedures.

- Ertzaintza - Basque Police - and Policía Nacional or Guardia Civil for matters involving arrest or police reports.

- Ministerio de Justicia - for national information on criminal procedure and legal aid rules.

- Victim support services and local NGOs - for victims rights, psychological support, and practical assistance. The Ararteko - Basque Ombudsman - can provide guidance on rights within Basque institutions.

- Local consulates or embassies - for foreign nationals seeking consular support.

Next Steps

If you need legal assistance in criminal matters in Bilbao, consider the following steps:

- If detained, request a lawyer immediately and exercise your right to remain silent until advised.

- If you are free but facing investigation or charges, contact a criminal defense lawyer promptly for an initial consultation. Gather documents - ID, any notices or reports, correspondence, and evidence that supports your side.

- Ask about legal aid if you have limited resources and submit required documentation quickly to avoid delays.

- Do not destroy evidence or contact alleged victims without legal advice. Preserve all relevant digital records, messages, and receipts.

- Keep a written record of events, times, witnesses, and contacts. Provide this to your lawyer to build your defense.

- Attend all court dates and follow formal procedures. Maintain open communication with your lawyer and follow their strategy and advice.

Early, informed action protects your rights and improves the chances of a favorable outcome. A qualified local criminal defense attorney can guide you through each procedural step and represent your interests effectively in Bilbao and throughout Bizkaia.