Getting a criminal defence lawyer in Spain and who pays

Terms used

• Colegio de Abogados — The Colegio de Abogados is the local bar association, which runs the duty lawyer service and legal aid guidance.
• IPREM — The IPREM is a yearly public income index set by the government, used to decide who qualifies for legal aid.
• Procurador — The procurador is the court representative who files papers for you in court, separate from your lawyer.
• Suplidos — Suplidos are expenses a lawyer pays on your behalf, such as the procurador and experts, charged on top of fees.
• Justicia gratuita — Justicia gratuita is Spain's free legal aid, covering a lawyer and procurador for people without enough means.

Key rules

• Duty lawyer: If you do not choose a lawyer, a duty lawyer must come within 3 hours of the request.
• No income proof at detention: You do not have to prove income to get a duty lawyer when detained.
• Fees can be charged: Duty lawyer assistance is free only if you are later found entitled to legal aid.
• Legal aid silence: If the commission does not answer in time, your legal aid application counts as granted.
• Private fees: Private fees are agreed freely, so get written quotes and ask what is included.

If you are detained: ask for a lawyer straight away

You have the right to a lawyer from the moment you are detained. Tell the police or Guardia Civil you want one. If you do not choose a lawyer, ask for a duty lawyer. The police must then notify the Colegio de Abogados (the local bar association), which sends a lawyer from its duty service.

If you do not choose a lawyer, a duty lawyer must come within 3 hours of the request. If none has come, ask the police to call another.

The lawyer is with you during your police statement and can speak to you privately afterwards. Ask for that private talk. The lawyer also goes with you to the court appearance.

You do not have to prove your income at that moment. This applies to foreigners too, with or without residence.

Who pays for the duty lawyer

The assistance is free only if you are later found entitled to legal aid (justicia gratuita). If you are not, the lawyer's fees can be charged to you afterwards. So apply for legal aid early, even if you are unsure you qualify.

Legal aid for the rest of the case

Legal aid covers a lawyer and a court representative (procurador) at no cost to you.

• Who qualifies: Spanish citizens, EU citizens and foreigners living in Spain who lack the means to pay. The general test is household income of no more than twice the IPREM, a yearly public index. Higher limits apply to larger families.
• Foreigners without residence: in a criminal case you have the right to legal aid on the same terms as Spaniards.
• No income test: some groups qualify whatever their income, such as victims of gender violence, terrorism or human trafficking, for specific proceedings.

The IPREM figure changes every year. Check the current amount with the Colegio's legal guidance service.

How to apply

Apply on the official form at the Colegio's legal guidance service (Servicio de Orientación Jurídica) or at the court. Do it as soon as possible, before or at the start of the case. Applying can pause the case's deadlines.

The Colegio gives you a provisional lawyer and procurador and sends your file to the legal aid commission. The commission normally decides within about 30 days of a complete file. If it says nothing in that time, your application counts as granted. If it refuses, you can challenge the refusal before the judge. The documents and the steps are in the blocks below. Forms and deadlines vary by region and bar association, so ask your local Colegio.

Hiring a private lawyer

You can hire your own lawyer at any point. Fees are agreed freely between you and the lawyer.

• They depend on the offence, the stage (investigation, trial, appeal), the complexity and the city.
• Lawyers often quote per stage. Common set-ups are a fixed fee, an hourly rate or an upfront retainer.
• Expenses (suplidos), such as the procurador and experts, are usually on top. Ask what is included.
• A fee that depends on the outcome of a criminal case is not accepted practice.
• Minor cases and fast-track trials cost far less than long or complex investigations. Economic crimes can be very expensive.

Get written quotes from more than one lawyer. Each Colegio publishes guideline fee criteria, but they are not binding minimums. Your local Colegio can tell you the current ranges.

Who pays the costs at the end

• If you are convicted: you pay the court costs. You normally also pay the fees of a private prosecutor's lawyer, unless that prosecution was unreasonable.
• If you are acquitted: the State bears the court costs and each side pays its own lawyer. You do not normally get your own lawyer's fees back. Compensation for unjustified pre-trial detention is the exception.
• A private prosecutor who acted recklessly or in bad faith can be ordered to pay costs.
• If you have legal aid: you do not pay costs while it lasts. If you are convicted and your finances improve, you must pay within three years.

Details vary by type of procedure and court, so your lawyer should explain what applies to your case.

Timeline and deadlines

• File your legal aid application at the Colegio's legal guidance service or at the court: as soon as possible, before or at the start of the proceedings

• Receive a provisional lawyer and court representative while your file goes to the legal aid commission: after you apply

• If there is no decision, your application counts as granted: after the 30 days pass

• If refused, challenge the refusal before the judge: after you receive the refusal

Documents you need

• Your ID or passport, to identify yourself in the application.

• Proof of income, such as tax returns or payslips, to show you lack the means to pay.

• Proof of your family unit and your assets.

• A statement of your case, filed with the official application form.

Checklist

• Ask for a private talk with the lawyer after your police statement.

• Check whether your household income is within twice the IPREM, the yearly public index, or whether you belong to a group that qualifies whatever its income.

• Gather your ID or passport, proof of income, and proof of family and assets.

• File the legal aid application at the Colegio's legal guidance service or at the court as soon as possible.

• If you hire a private lawyer, get written quotes and ask what is included per stage and which expenses are extra.

Frequently asked questions

Do I have to prove my income when I am detained and need a duty lawyer?

No, you do not have to prove your income when you are detained to get a duty lawyer at the police station. The lawyer's help is free only if you are later found entitled to legal aid; otherwise you may be charged the fees.

Can a foreigner without residence get free legal aid in a criminal case?

Yes, a foreigner without residence has the right to legal aid in criminal proceedings on the same terms as Spaniards, if their means are insufficient.

What happens if my legal aid application is not answered?

If no decision comes within about 30 days of your complete file, your application is treated as granted.

Do I pay the court costs if I am convicted or acquitted?

If you are convicted, you normally pay the court costs, and often the lawyer fees of a private prosecutor who acted reasonably. If you are acquitted, the State bears the court costs and you pay your own lawyer. With legal aid you are exempt while it lasts, but if you are convicted and your means improve, you must pay within three years.

How are private criminal defence lawyers paid in Spain?

Private lawyers set their fees freely by agreement with you, often as a fixed fee per stage, an hourly rate or a retainer, plus expenses such as the court representative (procurador). Success fees on the outcome of a criminal case are not accepted practice. Get written quotes, and ask your local bar association for its guideline criteria.