Most people associate an arrest with the commission of a crime, but legal reality shows that mistakes can also happen.
In certain situations, a person may be wrongly arrested or detained without the legal requirements actually being met. For this reason, Spanish law provides specific mechanisms to respond quickly when this occurs.
In one of Estradé Law Firm’s videos, Ignacio Estradé and Eduardo explain what should be done when someone is arrested by mistake and which legal procedure exists to protect their rights.
First step: contact a lawyer
In any detention scenario, the first recommended step is to contact a lawyer.
Legal assistance is essential to ensure that the detainee’s rights are respected from the very beginning and to assess whether the arrest truly complies with the legal requirements established by law.
Having immediate legal advice can make a major difference in how the case develops afterwards.
What is Habeas Corpus?
When someone believes they have been unlawfully detained, the law provides a specific legal mechanism known as Habeas Corpus.
This is an urgent procedure handled before the duty court, whose purpose is for a judge to quickly review whether the deprivation of liberty is lawful or not.
Its main objective is to prevent arbitrary or unlawful detentions.
Who can request it?
One of the most important aspects of Habeas Corpus is that it can be requested not only by the detained person.
Family members, lawyers, prosecutors, the Ombudsman or anyone aware of the situation who believes the detention may be unlawful can also initiate the procedure.
This allows the mechanism to be activated quickly whenever doubts arise regarding the legality of the detention.
A fast legal procedure
As Eduardo explains in the video, Habeas Corpus is an especially rapid legal process.
The law establishes that the duty judge must decide within approximately 24 hours whether the person should be released, remain detained or be placed before the court.
Because of this speed, it is considered one of the main legal safeguards against wrongful detention.
An essential guarantee within the rule of law
The existence of Habeas Corpus reflects one of the fundamental principles of the legal system: any deprivation of liberty must remain subject to judicial control.
Because even in complex situations, the law provides mechanisms to protect individuals from possible mistakes or abuses.
Law, experience and professional camaraderie
The video also includes a more human and relaxed moment between Ignacio Estradé and Eduardo, his colleague at the firm.
While Ignacio describes Eduardo as “pure wisdom in law,” Eduardo responds with humour and humility: “Not as much as the master.”
A conversation that also reflects the importance of camaraderie within the legal profession.
