Why It Is Crucial to Have Legal Defense from the Very Start of Criminal Proceedings
When you become involved in a criminal case — whether you've been summoned as a suspect, detained, or simply received a judicial notification — it’s perfectly normal not to know where to begin. Many questions and fears arise, and very few clear answers.
Becoming involved in a criminal proceeding is not something one expects or prepares for. It often comes suddenly and disrupts your plans, your state of mind, and even your sleep. In such moments, the most important thing is not to face it alone. You need someone who can guide you, defend you, and stand by your side from the very beginning.
A criminal procedure is, in simple terms, the process by which the justice system investigates whether a crime has been committed and who may be responsible. It involves several stages, important decisions, and potential consequences. But you don’t need to understand everything at once. That’s what criminal defense lawyers are for — to explain things clearly and to defend you at every step.
What you must know from the very first moment is that you have the right to be assisted by a lawyer from your first contact with the justice system. And this is no small matter: what is said — or left unsaid — in those first few hours can heavily influence what happens later.
For you if you find yourself in such a situation. Also, for family members or close friends trying to help someone who has been detained or is under investigation. Here we explain how the criminal process works, what its stages are, and why having a strong, reliable defense from the outset is so important.
Phase of Investigation or Preliminary Proceedings
This is where everything begins. The phase of instruction (preliminary investigation) is the moment when a judge, together with the judicial police and the Public Prosecutor’s Office, begins to investigate whether a crime has in fact been committed and who may be responsible. Even if there is no formal accusation or scheduled trial yet, what happens at this stage can have a decisive impact on the rest of the criminal proceedings.
Many things can happen during this stage, and it’s easy to feel lost without someone to guide you step by step. Below we explain some of the most common actions that can take place:
Police detention and statement at the station
If the police believe there are sufficient grounds, they may detain you and take you to the station to take your statement. This is one of the most delicate moments in the entire process. You may feel nervous, unsure of what to say or do, and anything you declare can have serious consequences. That’s why it is essential that your lawyer be with you from the very first moment — to advise you before speaking or, if necessary, recommend that you remain silent.
Statement before the Investigating Court
After the detention, or when you are summoned as a suspect, you will appear before the investigating judge. At this point, you will be formally informed of the facts being investigated, and you may choose to testify — or not — with full legal guarantees. This is where your legal defense begins to take shape.
Practice of procedural measures
During the investigation, the judge and the prosecutor may order various types of evidence: witness statements, medical or expert reports, technical analysis, reconstructions of events, etc. Your lawyer can also request evidence on your behalf to support your version of events or present relevant information in your favor.
Precautionary measures
This phase may also involve provisional measures that can directly impact your life: from restraining orders to pretrial detention. That’s why it is so important that your lawyer knows how to argue convincingly before the judge to prevent unnecessary restrictions during the investigation.
How does this phase end?
The phase of investigation may end in two ways: with the case being dismissed (if there is insufficient evidence), or with the opening of oral proceedings if the judge finds grounds to move forward with the prosecution.
What can your lawyer do during this stage?
Much more than most people imagine. Your lawyer is not only present during statements — they also review every document in the case file, propose evidence, challenge unjust decisions, and above all, develop a tailored defense strategy for your specific situation. Having a criminal defense lawyer at your side who fully understands how preliminary proceedings work can make a huge difference.
This is, without a doubt, one of the most decisive phases in any criminal case. Don’t take it lightly — it is often here that cases are won or lost.
Intermediate Phase (Trial Preparation)
Once the investigative phase has concluded, and if the judge considers that there are sufficient grounds to proceed, the case enters what is known as the intermediate phase. This stage is less familiar to the general public, but it is extremely important because it is where the charges are clearly defined, the penalties are requested, and it is determined whether the case will proceed to trial.
Classification of the facts by the Prosecutor and the Defense
At this point, the Public Prosecutor submits their indictment, describing the facts they consider proven, the type of offense involved, and the penalty requested. For example: “a charge of bodily harm, with a request for two years of imprisonment.”
Your defense lawyer, in turn, may submit a defense brief or an alternative classification if they believe the facts have been misrepresented, do not constitute a criminal offense, or should be legally qualified differently. The defense may also request dismissal of the case if it considers that there is insufficient basis for a trial.
Possibility of a plea agreement
This phase also opens the door to what is known as a plea agreement, which is essentially a negotiated agreement between the defense and the prosecution. If you acknowledge the facts and are willing to reach an agreement, a significant reduction in the penalty may be achieved. This is an option that must be carefully considered, always with the guidance of your criminal defense lawyer, as it carries direct consequences. In some cases, it may be the best option — particularly if it avoids imprisonment.
Opening of trial or case dismissal
Finally, the judge decides whether to dismiss the case (due to lack of evidence or because no offense is deemed to have occurred), or to issue an order to proceed to oral trial. If the trial is opened, the case is transferred to the competent court, and a date for the hearing will be scheduled.
Although this phase may appear shorter and less “visible” than the investigation or trial phases, it should not be underestimated. It is here where it is decided whether your case moves forward, and under what conditions. A well-prepared defense strategy at this moment can make a substantial difference in the final outcome.
Oral Trial
When a criminal case reaches the oral trial stage, it marks the most decisive phase of the entire process. This is where evidence is presented, testimonies are heard, and the judge or court evaluates everything that has been investigated so far. In short, it is the moment where it is determined whether you are guilty or innocent, and what consequences all the previous steps will have on your life.
Public hearing before the competent court
The trial is usually held in a criminal court (for less serious offenses) or in the Provincial Court (if the sentence requested exceeds five years of imprisonment). Present in the courtroom will be the judge, the public prosecutor, your defense lawyer, you as the defendant, and, where applicable, the private prosecution and witnesses or expert witnesses.
Although it is a formal act, the most important aspect is the guarantee of the right to defense and to adversarial proceedings — that is, each party must have the opportunity to present their arguments and challenge those of the other.
Evidence presented during trial
During the hearing, the admitted evidence is examined: witness statements, the defendant’s interrogation (if they choose to testify), expert reports, documents, recordings, etc. This is the stage where everything said during the investigation must be proven — and where a skilled criminal lawyer can dismantle unfounded accusations or expose contradictions in the prosecution's case.
Final arguments
Once the evidentiary phase concludes, your lawyer and the prosecutor present their final submissions. This is the moment to assess the case as a whole: to explain why the facts have not been proven, why the sentence should be reduced, or even why the defendant should be acquitted. It is a key intervention that can influence the outcome.
Judgment and consequences
The trial ends with a judgment, which may be an acquittal or a conviction. In the case of a conviction, the judge or court will determine the sentence to be imposed, and may also rule on civil liability (e.g. compensation). The judgment is not always final: your lawyer may file an appeal with a higher court if there are legal grounds to do so.
Going through a criminal trial is not easy. It involves pressure, public exposure, and a significant emotional burden. That is why it is so important to prepare your defense thoroughly, understand the case in detail, and have a clear legal strategy from the beginning. At that moment, having a criminal law firm that acts with confidence and composure can make a critical difference.
Appeals After Sentencing
Receiving a criminal sentence, especially a conviction, does not necessarily mean the case is over. There are legal mechanisms available to challenge the decision and potentially change the outcome — and in your case, that may be a critical opportunity. At this stage, more than ever, you need your criminal defense lawyer to advise you clearly and honestly on the real options available.
Appeal
This is the most common legal remedy after a judgment is issued by a criminal court. It is filed before the Provincial Court and allows a higher court to review the decision to assess whether the law was correctly applied, the evidence was properly evaluated, or procedural errors were made during the trial.
An appeal does not repeat the entire trial but provides a thorough review of what occurred. In many cases, it may result in a reduced sentence, the exclusion of certain evidence, or even a full acquittal if the conviction was not properly supported.
Appeal in Cassation (if applicable)
This remedy is available only in certain cases, generally when the decision was issued by a Provincial Court or higher tribunal and the imposed sentence exceeds specific thresholds. It is filed before the Supreme Court and focuses strictly on legal matters: interpretation of laws, violation of fundamental rights, etc.
Not all cases are eligible for cassation, but if yours is, it can be a powerful tool to challenge unfair or poorly reasoned decisions at the highest level.
When and how to appeal a conviction?
Deadlines for filing appeals are short — usually between 5 and 10 working days from the moment the judgment is formally notified. That’s why it’s essential to act quickly, read the resolution carefully, and discuss with your lawyer whether an appeal is worthwhile, or if it may be better to accept the outcome and pursue other options (such as requesting a suspension of the sentence).
In some cases, appealing can significantly improve the situation. In others, it may only prolong the process without meaningful results. The key lies in assessing each case with realism, legal strategy, and experience.
Fast-Track Criminal Proceedings (Juicio Rápido)
The fast-track procedure is a special form of criminal proceeding used when there is immediate detention, clear evidence, and less serious offenses. The goal is to resolve the case within hours or just a few days. While it may seem like a “quick fix” for justice, in reality, it requires a rapid, strategic, and well-prepared defense.
Common examples
Fast-track trials are used in very specific cases: minor injuries during a fight, theft in flagrante delicto, driving under the influence, or incidents of domestic violence where the police intervene immediately. These are cases where the facts are clear from the start, and evidence is readily available.
Detention and trial within 72 hours
Typically, the person is brought before the judge within 24 hours, and if the legal requirements are met, the trial is scheduled within the next 48 hours. In total, the case can be resolved in under 72 hours from the time of arrest. During that brief window, it is decided whether the case will be closed, settled by plea agreement, or continue to full trial.
That’s why it is essential for the detainee to have legal counsel from the very first moment, to understand their rights and evaluate the possible consequences of every decision.
How to act in these cases?
The speed of the procedure should not be mistaken for lack of importance. Even if the penalties seem light (fines, community service, or sentences under two years), a criminal conviction results in a record and may impact your future.
Your criminal defense lawyer must quickly assess the situation, access the evidence, and determine whether you can defend yourself or whether it is advisable to accept an agreement with the prosecution.
The concept of plea agreement
In fast-track trials, if you acknowledge the facts and reach an agreement with the prosecution, you may receive a one-third reduction in the proposed sentence. This is known as a plea agreement and can, for example, avoid prison time, replace the sentence with community service, or reduce the fine. Still, it should only be accepted if it is truly beneficial and fully understood.
Case study (anonymized)
Carlos (fictional name) was arrested one night after testing positive in a DUI checkpoint. He had no prior criminal record. At the station, he asked to speak to a lawyer before giving a statement. When we were called, we responded immediately, reviewed the police report, negotiated with the prosecutor, and explained everything clearly. Carlos agreed to a plea. In less than 48 hours, he received a light sentence, kept a clean record, and avoided further court proceedings.
Conclusion: Although called “fast,” fast-track trials are no small matter. They are one of the stages where an informed, realistic, and fast-moving defense is most needed.
Other Possible Phases in Criminal Proceedings
When a criminal sentence is handed down, many people assume the process has come to an end. However, there may still be important steps ahead. Serving a sentence, avoiding imprisonment, or clearing your criminal record are key matters that must be addressed with care, legal advice, and proper strategy.
Execution of the sentence (serving the penalty)
Once the sentence becomes final, the enforcement phase begins. This is where the judgment is carried out: whether imprisonment is required, a fine is imposed, community service is assigned, or compensation must be paid to a victim.
Although it may appear to be an “administrative” step, this is in fact a sensitive and important phase — it is when the sentence becomes a reality. And often, there is still room to act within the law.
Suspension of sentence and alternatives to imprisonment
One of the most common questions we receive is: “Will I go to prison?” The good news is that, under certain conditions, it is possible to request the suspension of the custodial sentence — especially for first-time offenders, when the sentence does not exceed two years, and civil liability (if applicable) has been paid.
There are also alternatives to prison, such as community service, as long as such measures are contemplated in the judgment. At this stage, your lawyer’s role remains essential — to prepare the petition and demonstrate to the court that you are suitable for reintegration without imprisonment.
Civil liability arising from the offense
In addition to criminal penalties, many judgments impose an obligation to pay compensation to the victim. This is known as civil liability derived from the offense, and its fulfillment is also supervised at this stage.
Failure to pay may lead to serious consequences: asset seizures, and difficulties accessing benefits such as suspension of sentence. That’s why your lawyer should help you negotiate payment schedules or explore legal alternatives to meet this obligation without it becoming an overwhelming burden.
Criminal record expungement
Once the sentence is served and a certain period has passed (depending on the type of offense and whether there have been further convictions), you can apply to have your criminal record expunged.
This is essential if you want to prevent that conviction from affecting your future — such as applying for a job, renewing a residency permit, competing in public exams, or even traveling abroad.
Simply waiting is not enough: you must file a formal petition, submit documentation, and demonstrate that you have not committed new offenses during that period. Many people forget to do this, missing the chance to move on from a difficult chapter of their lives.
Real Cases (Anonymized)
Sometimes, real-life stories are the clearest way to understand how the criminal process works — and above all, how the right legal defense can change everything. These are real examples from our law firm, anonymized for confidentiality, that show how it's possible to find a way forward even in the most difficult situations.
Andrés’ Case – Unjust Accusation of Assault
Andrés was accused of assaulting another young man after an argument in a nightclub. The complaint seemed straightforward, and the prosecution was requesting a prison sentence. However, after reviewing the police report and obtaining CCTV footage, we proved that Andrés was not the aggressor but had attempted to break up the fight. The case was dismissed before reaching trial.
Laura’s Case – Domestic Dispute and Rapid Trial
Laura was arrested following a conflict with her partner, in which both parties accused each other. The case proceeded via a rapid trial. We were able to assist her from the police station, review the file within 24 hours, and negotiate a plea deal that prevented serious criminal consequences. Today, Laura has no criminal record and has rebuilt her life.
Ibrahim’s Case – DUI with Risk of Prison
Ibrahim was detained for driving under the influence of alcohol. Due to a prior criminal record, the prosecution was seeking imprisonment. We analyzed his personal situation, demonstrated his social reintegration, and filed for a suspension of sentence. The judge approved the request. Ibrahim did not serve time and was able to keep his job.
Sonia’s Case – Unjust Conviction Overturned
Sonia was convicted of making threats in a case where the exculpatory evidence had been overlooked. We filed an appeal before the Provincial Court, pointing out the trial court’s errors and highlighting contradictions in the accuser’s testimony. The conviction was overturned, and Sonia was acquitted.
Each of these cases involved different facts, but they all share one key factor: the people involved faced extremely difficult situations, and their legal defense made the difference between a poor outcome and a just resolution.
Why Choose an Expert Criminal Defense Lawyer in Barcelona?
When you’re facing a criminal case, having “just any lawyer” by your side is not enough. What you truly need is someone who knows the legal terrain, has handled hundreds of similar cases, understands how judges and prosecutors in Barcelona think, and has the strength and focus to defend you when it matters most.
At ExLegeBCN, we are a law firm with solid experience in criminal defense in Barcelona and throughout Spain. Our approach is not just legal — it is also human. We understand that behind every case file there is a person, a family, a fear, a story. And our way of working is based on that: supporting you, listening to you, and fighting for you with honesty and determination.
We have real-world experience in criminal defense — not just textbook knowledge. We’ve been at police stations in the middle of the night, in trials where more than a sentence was at stake, and in appeals that changed someone’s life. We know the law, but also the small details that can make all the difference.
We know the Barcelona courts inside and out, which is key to anticipating the rhythm of proceedings, preparing strategies effectively, and communicating clearly with legal actors.
We offer urgent and personalized legal assistance, tailored to each client. We don’t work with templates. Each case is handled directly and personally, with the reassurance that we’re available when legal help is most needed.
Above all, what we offer is true commitment to your case. We’re involved not only as professionals, but also as human beings. Because a criminal case is not just a legal issue — it’s a life event that can leave a lasting mark. We are here to help you overcome it with the strongest defense possible.
If you or someone close to you needs urgent assistance in a criminal matter, don’t wait until it’s too late. Contact our firm and we will review your situation with full confidentiality and no obligation. Sometimes, a single call can change everything.