What Does a Criminal Defense Lawyer Do and When Do You Need One?

When someone says I need a criminal defense lawyer, they are usually already facing a situation that allows no delay. A police summons, an arrest, an incoming complaint, or the news that an investigation has been opened. In every one of these scenarios, the question is the same: who will defend me, and what can they actually do for me? A criminal defense lawyer is the legal professional who specialises in criminal proceedings. Their role is not limited to going to trial. It begins much earlier.

What Is Criminal Law and What Does Criminal Defense Cover?

Criminal law governs conduct that the State deems serious enough to warrant a penalty. Such penalties may involve imprisonment, fines, or disqualification from holding office or exercising a profession. The core regulatory framework consists of the Código Penal (Spanish Criminal Code) and the Ley de Enjuiciamiento Criminal (LECrim, the Spanish Criminal Procedure Act). However, criminal proceedings are technically complex. Being innocent is not, on its own, enough to secure a favourable outcome. There are also strict time limits, procedural stages, and constitutional safeguards that counsel must know and invoke at precisely the right moment.

Criminal defense extends from the investigative phase—before any formal charges are brought—through to the eventual enforcement of the sentence. A criminal defense lawyer reviews the police report, examines whether the investigative measures have been conducted in accordance with the law, and assesses the strength of the prosecution’s case. Early intervention can therefore be decisive for the outcome of the proceedings.

In criminal proceedings, the prosecution’s evidence must be sufficient, lawfully obtained, and gathered with full respect for the safeguards set out in Article 24 of the Spanish Constitution. Any breach of fundamental rights may render the evidence inadmissible. Identifying such breaches in good time is therefore one of the most valuable functions of a specialised criminal defense lawyer.

When You Need a Criminal Defense Lawyer: Common Scenarios

In some situations, the need for a criminal defense lawyer is self-evident. In others, however, the need goes unnoticed until the proceedings are already well underway. The most common scenarios in practice are set out below.

Police Arrest

The first scenario is a police arrest. From that moment, Article 520 LECrim grants the detainee the right to appoint a lawyer of their choice. That lawyer may be present during questioning and assist the detainee throughout the period of custody, which may not exceed 72 hours unless extended by judicial order (Article 17.2 of the Spanish Constitution).

Summons as a Suspect Under Investigation

The second scenario is being summoned as a suspect under investigation. Many people attend court to give a statement without a lawyer, believing they are simply «going to explain what happened.» This is a serious mistake. A suspect has the right not to incriminate themselves and not to confess guilt (Article 24.2 of the Spanish Constitution). Appearing without legal advice can compromise the defense from the very outset.

Receiving a Complaint or Private Prosecution

The third scenario is receiving a criminal complaint (denuncia) or private prosecution (querella). Although no formal charges have yet been brought, proceedings are already in motion. In certain cases, the person reported may take procedural steps that strengthen their position from the very first moment.

False Accusations and Disputes Between Private Parties

A particularly common scenario in practice is that of someone who receives a complaint for conduct they did not engage in, or whose facts have been distorted. In such cases, an expert criminal defense lawyer in Madrid can develop an active defense strategy from the outset. This includes producing exculpatory evidence, challenging the complainant’s credibility, and seeking dismissal of the case before it ever reaches trial.

What an Expert Criminal Defense Lawyer Can Do for You

The work of an expert criminal defense lawyer goes far beyond courtroom representation. Before trial, counsel reviews the case file, identifies grounds for challenging the validity of evidence, requests investigative measures favourable to the client, and—where appropriate—negotiates with the prosecution. At trial, counsel conducts witness examination and cross-examination, contests the prosecution’s evidence, and delivers closing arguments before the court.

If the verdict is one of conviction, the criminal defense lawyer then assesses whether there are grounds to appeal—first before the relevant appellate court and, where applicable, before the Supreme Court (Tribunal Supremo). Counsel’s work does not end with the reading of the judgment.

At Fechenbach Abogados, David Fechenbach Marcos (Madrid Bar Association, ICAM no. 122770) personally handles trial defense and the most complex criminal proceedings, from financial and property-related offences to cases with a cross-border dimension. The firm operates in Madrid, Ibiza, and Cádiz, and works in several languages. The standard, however, is always the same: rigorous technical defense from the outset, with no shortcuts.

If you need a criminal defense lawyer, the question is not only who will represent you. It is who will analyse your case with the depth it deserves, before it is too late.

What Happens If You Act Too Late or Without Specialist Advice

The absence of qualified legal representation in criminal proceedings has very real consequences. First, the suspect may lose evidentiary opportunities that cannot be recovered. Procedural deadlines are strict. An investigative measure not requested in time may be refused later on.

Second, an ill-prepared statement—even a truthful one—can give rise to inconsistencies that the prosecution will exploit. The most difficult damage to repair, however, is that which occurs during the investigative phase, when the case has not yet reached trial but unfavourable evidence has already been consolidated.

In serious offences, pre-trial detention is a precautionary measure that the court may impose from the outset (Articles 502 et seq. LECrim). A criminal defense lawyer can oppose such a measure, propose alternative precautionary measures, and appeal the order if it is granted. Without specialist representation, that opportunity is left untapped.

Criminal law leaves no room for improvisation. The right to a defense is a fundamental right. Exercising it properly requires experience and technical skill.

Contact Fechenbach Abogados

If you have been summoned as a suspect, received a complaint, or are facing any other criminal-law matter, Fechenbach Abogados can review your case. We provide legal services in Madrid, Ibiza, and Cádiz. Get in touch with no obligation at abogados.fechenbach.es. Your criminal defense begins the moment you decide to take it seriously.