Best Criminal Litigation Lawyers in Bilbao

About Criminal Litigation Law in Bilbao, Spain

Criminal litigation in Bilbao follows the national criminal law framework of Spain, applied through local courts and police authorities present in the city. The Código Penal establishes what constitutes a criminal offence and the penalties that can be imposed. The Ley de Enjuiciamiento Criminal sets out the criminal procedure - how investigations, detentions, trials and appeals are handled. Bilbao sits in the autonomous community of the Basque Country, so criminal matters are processed in local courts such as Juzgados de Instrucción, Juzgados de lo Penal and the Audiencia Provincial de Bizkaia, with oversight from the Tribunal Superior de Justicia del País Vasco and the national Tribunal Supremo for certain appeals.

People involved in criminal matters in Bilbao will interact with a mix of police forces - local Policía Municipal, the regional Ertzaintza, national Policía Nacional and the Guardia Civil - depending on the type of offence and the circumstances. Rights of defendants and victims are grounded in the Spanish Constitution and in specific laws that guarantee access to a lawyer, legal aid where eligible, and protections during detention and trial.

Why You May Need a Lawyer

A criminal lawyer is essential at many points of a criminal process. Common situations where people require legal help include:

- Arrest or detention by police - a lawyer advises on rights during questioning and represents you at police stations and before judges.

- When you are under investigation - to protect your interests during the instrucción phase and to petition for removal of precautionary measures such as prisión provisional.

- If you are formally charged - to prepare a defense strategy, examine evidence, propose procedural actions and negotiate any possible agreement with the prosecution.

- For trial representation - to present evidence, examine witnesses, argue legal points and seek the best possible outcome in sentencing or acquittal.

- To file appeals - criminal lawyers prepare recursos de apelación, recursos de casación and other remedies within statutory deadlines.

- Victims of crime - to ensure protection of rights, request compensation, participate in the criminal process as acusación particular and pursue civil claims tied to criminal proceedings.

Local Laws Overview

Key legal frameworks relevant to criminal litigation in Bilbao include:

- Código Penal - defines criminal offences and penalties. It sets out ranges of punishment for crimes such as theft, assault, drug trafficking, sexual offences, fraud and homicide. Sentences can include fines, imprisonment, accessory penalties and measures like deprivation of rights.

- Ley de Enjuiciamiento Criminal - governs criminal procedure: investigation, police powers, detention periods, precautionary measures, evidence rules, hearings and trials. It also establishes the roles of Juzgados de Instrucción, fiscalía and the courts that try cases.

- Ley de Enjuiciamiento Criminal provisions on detention - police can detain suspects for up to 72 hours before judicial control, after which the judge decides whether to order release, provisional measures or prisión provisional. Defendants have the right to be informed of charges, to legal assistance and to an interpreter if needed.

- Jurisdictional structure - minor offences (faltas historically, now many are misdemeanours processed in Juzgados de Violencia sobre la Mujer or Juzgados de lo Penal), more serious offences go to Juzgados de lo Penal or the Audiencia Provincial de Bizkaia. Appeals can go to the Audiencia Provincial and ultimately the Tribunal Supremo, subject to admissibility rules.

- Rights of the accused - guaranteed by the Constitution and implemented in criminal procedure: presumption of innocence, right to silence, right to a defence lawyer, right to challenge evidence and witnesses, and the right to appeal convictions.

- Legal aid - justicia gratuita is available to those who meet income and asset thresholds. Applicants receive a court-assigned lawyer from the local bar association when eligible.

- Juvenile criminal law - minors are dealt with under the Ley de Responsabilidad Penal del Menor before specialized Juzgados de Menores, which emphasize rehabilitation and different sanctions from adults.

- Victim protection - there are specific provisions to protect victims, including the right to request protective measures, to be informed of proceedings and to claim compensation as part of the criminal case.

Frequently Asked Questions

What should I do if I am arrested or detained in Bilbao?

Stay calm and exercise your right to remain silent. Ask immediately for a lawyer and, if needed, an interpreter. You can and should request the presence of legal counsel before answering substantive questions. If you cannot afford a lawyer, you have the right to request legal aid so a public defender is appointed.

How long can the police hold me without seeing a judge?

Under Spanish procedure, police detention for investigation purposes is generally limited to 72 hours before the detainee must be brought before a judge. After that hearing the judge decides whether to order release, provisional measures or pretrial detention.

Do I have the right to a lawyer from the moment I am detained?

Yes. The right to legal assistance attaches from the first moment of deprivation of liberty. If you cannot pay, you may request legal aid to have a lawyer provided. This includes the right to consult your lawyer in private during detention.

Can I speak Basque in court or during police procedures in Bilbao?

Yes. Citizens have the right to use the language they understand in judicial and administrative procedures. If necessary, an interpreter must be provided so you can understand and be understood. You should tell authorities you need interpretation in Basque as soon as possible.

What is prisión provisional and when can it be ordered?

Prisión provisional is pretrial detention ordered when there is risk of flight, risk of evidence tampering, or risk of repeating criminal activity, among other legally defined reasons. It is an exceptional measure and must be justified by the judge based on the circumstances and evidence presented.

How long can a criminal case take to resolve in Bilbao?

Durations vary widely depending on complexity. Simple cases may be resolved in weeks or months; serious crimes requiring extensive investigation and full trial may take many months or even years, especially if there are appeals. Procedural deadlines and judicial workload affect timing.

What penalties might I face if convicted?

Penalties depend on the offence and range from fines and community service to imprisonment. The Código Penal specifies penalty ranges and any accessory sanctions, such as driving bans or loss of professional rights. A qualified lawyer can estimate likely exposure based on charges and facts.

Can I appeal a conviction or sentence?

Yes. Spain provides several appeals: recurso de apelación to the Audiencia Provincial for many decisions, recurso de casación to the Tribunal Supremo for specific legal issues, and recurso de amparo to the Constitutional Court for fundamental rights violations. Deadlines and grounds for appeal vary by remedy.

What if I am a foreigner arrested in Bilbao?

You have the same procedural rights as Spanish nationals, including the right to a lawyer and interpreter. You may also request consular assistance from your country of nationality. Inform the police that you want consular notification if you wish it.

How do I find and choose a criminal lawyer in Bilbao?

Look for lawyers or law firms that specialize in criminal law and have experience in Bilbao courts. Consider asking the local bar association for a directory, checking the lawyer’s track record with similar cases, verifying language skills you need, confirming availability and fees, and requesting an initial consultation to discuss strategy.

Additional Resources

For people seeking help or more information in Bilbao, useful entities and services include:

- Ilustre Colegio de la Abogacía de Bizkaia - local bar association for lawyer directories and information on legal aid eligibility.

- Juzgados de Bilbao - the local criminal courts where proceedings are held, including Juzgados de Instrucción and Juzgados de lo Penal.

- Audiencia Provincial de Bizkaia and Tribunal Superior de Justicia del País Vasco - appellate courts handling appeals and regional jurisdictional matters.

- Fiscalía Provincial de Bizkaia - the public prosecutor's office responsible for criminal prosecutions in the province.

- Police forces active in Bilbao - Policía Municipal for local matters, Ertzaintza as regional police, Policía Nacional and Guardia Civil for national-level responsibilities.

- Oficinas de Asistencia a la Víctima del Delito - victim assistance offices that provide information, psychological support and procedural guidance for victims of crime.

- Ministerio de Justicia and Ministerio del Interior - national authorities that publish information about criminal procedure, rights, legal aid frameworks and victim support services.

Next Steps

If you need legal assistance in a criminal matter in Bilbao, follow these practical steps:

- Preserve evidence - keep documents, photos, messages and contact details of witnesses. Record dates and times of relevant events. These items will be crucial for your defence or for a victim claim.

- Contact a criminal lawyer immediately - seek a lawyer who practices regularly before the local courts. If detained, assert your right to a lawyer at once. If you lack funds, apply for legal aid through the local bar association or the court.

- Prepare for your first meeting - bring identification, any police reports or notices you received, medical reports and any documents related to the case. Be honest with your lawyer so they can advise effectively.

- Do not give statements to police, media or third parties without your lawyer present - silence and legal advice protect your rights and prevent accidental admissions.

- Ask about fees and agreements - clarify the lawyer’s fees, the billing method and whether they will apply for legal aid if you qualify. Get a written engagement letter when possible.

- Follow procedural deadlines and attend all hearings - missing a deadline or court date can have serious negative consequences. Keep in regular contact with your lawyer and notify them of any developments.

Criminal matters are often stressful and time-sensitive. Early, informed action and experienced legal representation make a significant difference in protecting your rights and achieving the best possible outcome. If you are unsure about any step, consult a qualified criminal lawyer in Bilbao promptly.