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ATTORNEY FOR FAST-TRACK TRIALS IN MADRID

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Criminal defense in fast-track trials: immediate action from arrest

The fast-track trial is an abbreviated and accelerated criminal procedure regulated in articles 795 to 803 of the Criminal Procedure Act (LECrim), introduced by Law 38/2002, of October 24, with the objective of resolving flagrant crimes of lesser severity in very reduced timeframes.

When does the fast-track trial apply?

The fast-track trial applies when two essential requirements are met: that the crime be flagrant (the perpetrator is arrested in the act or immediately after) and that the anticipated sentence does not exceed five years imprisonment. Complex crimes, those requiring prolonged investigation, or those where the victim is a minor in certain circumstances are excluded.

Difference with the standard procedure

In the standard procedure there is a formal investigation phase before the judge. In fast-track proceedings, the urgent proceedings are conducted directly by the duty court within 72 hours, and the oral trial can be held that same day before the criminal court. This time compression means that the defense has much less margin to prepare the strategy, which makes the presence of a specialist attorney from the first moment critical.

Why you need an attorney BEFORE the duty hearing

The statement before the duty court is the most delicate moment of the procedure. A poorly guided statement can condition the entire subsequent process. The court-appointed attorney assigned on duty may not know the details of the case: you have the right to designate an attorney of your choice before making a statement, and exercising that right can make the difference between conviction and acquittal.

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When do you need an attorney for fast-track proceedings?

If you find yourself in any of these situations, contact a criminal defense attorney specialized in fast-track proceedings immediately:
  • Arrested in flagrante delicto for any crime punishable with up to 5 years imprisonment
  • Summoned to the duty court following a police report
  • DUI or traffic safety crimes (art. 379 CP: penalty of 3 to 6 months imprisonment or fine and license suspension)
  • Theft or robbery in flagrante delicto (art. 234 and 237 CP: up to 3 years imprisonment)
  • Domestic violence or domestic abuse (art. 153 CP: penalty of 6 months to 1 year)
  • Assault (art. 147 CP: penalty of 3 months to 3 years depending on severity)
  • Resisting arrest or disobedience to authority (art. 556 CP: penalty of 3 months to 1 year)

In all these cases, time is a determining factor. Every hour without legal counsel is a lost opportunity for your defense.

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Phases of fast-track proceedings: from arrest to sentence

Fast-track proceedings follow a very compressed sequence that the accused must understand in order to exercise their rights:
  1. Arrest and urgent proceedings (0-72 hours)

The Judicial Police prepares the report and sends it to the duty court. The detainee has the right not to testify, to know the facts being charged, and to designate an attorney of their choice.

  1. Appearance before the duty court

The duty judge conducts the urgent proceedings (art. 797 LECrim), takes the statement from the defendant assisted by counsel, and decides on precautionary measures. If the prosecutor files charges, a date is set for the oral trial.

  1. Plea agreement or trial preparation

The defendant can reach a plea agreement with a one-third reduction in sentence (art. 801 LECrim) or reject it and proceed to oral trial with full guarantees. This decision requires rigorous analysis of existing evidence.

  1. Oral trial and sentence (within 15 days maximum)

The oral trial is held before the Criminal Court. The sentence may be delivered orally at the end of the hearing or notified within the following 3 days.

  1. Appeal (deadline: 5 business days)

The sentence may be appealed to the Provincial Court within 5 days from notification. This is an extremely short deadline that requires immediate action by counsel.

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Common crimes in fast-track proceedings

Fast-track proceedings in Madrid focus mainly on these criminal types. Know the penalties and the appropriate defense strategy.

DUI

Art. 379 CP. Blood alcohol level above 0.60 mg/l in exhaled air or 1.2 g/l in blood. Penalty: fine + license suspension 1-4 years. Aggravated case: imprisonment of 3 to 6 months.

Theft and robbery

Arts. 234 and 237 CP. Basic theft: up to 1 year imprisonment. Robbery with force: 1-3 years. Flagrante delicto: fast-track proceedings if the perpetrator is intercepted on site or in immediate pursuit.

Assault

Art. 147 CP. Basic assault: 3 months to 3 years. Minor injuries (art. 147.2): fine of 1-3 months. Aggravated by instrument or family relationship: up to 6 years. Accessory penalties of restraining order.

Domestic violence

Art. 153.1 CP. Abuse of partner or ex-partner: 6 months to 1 year + disqualification and restraining order. Immediate precautionary measures: protection order. Prohibition of approach from custody.

Threats

Art. 169 CP. Threats with weapons or dangerous object: 1-5 years. Simple unconditional threats: 6 months to 2 years. Art. 171 CP: minor threats in context of domestic violence, penalty of 3-12 months.

Property damage

Art. 263 CP. Basic damage: up to 2 years imprisonment. Minor damage: administrative offense or art. 263.1 with fine penalty of 6-24 months. In context of flagrancy, fast-track trial proceeds if not exceeding 5 years.
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Defense strategies in fast-track trials

GUILTY PLEA: ONE-THIRD SENTENCE REDUCTION
Article 801 LECrim allows the defendant, assisted by counsel, to enter a guilty plea before the duty court obtaining an automatic reduction of one-third of the requested sentence. This measure is designed to expedite the system, but is not always in the defendant’s best interest.

When is a guilty plea advisable? When the prosecution’s evidence is solid, the resulting sentence after reduction is suspendible, and there is real risk of a more severe conviction at trial.

When is it not advisable? When there are defects in the arrest, flaws in the evidence, or when the guilty plea results in a criminal record that could be avoided with an alternative sentence. A specialist attorney evaluates each case before recommending a guilty plea.

CHALLENGING FLAGRANCY
Fast-track proceedings are only applicable when there is flagrant criminality under the terms of art. 795 LECrim. If the defendant was not caught in the act or in immediate pursuit, the procedural requirement is not met.

Challenging the flagrancy may result in the case being referred to abbreviated proceedings, which offer greater guarantees: formal investigation phase, time to propose evidence, and more time to prepare the defense. In fast-track proceedings initiated irregularly, this strategy can be decisive for the outcome.

NULLITY OF BREATHALYZER EVIDENCE
In traffic safety offenses, breathalyzer evidence is frequently challengeable. The most common grounds are:

  • Breathalyzer without valid verification certificate (Royal Decree 1616/2009)
  • Second test was not performed or driver was prevented from requesting it
  • Device margin of error not deducted from positive result
  • Irregularities in police protocol

Invalid breathalyzer evidence eliminates the main element of the prosecution’s case, which in many cases leads to acquittal of the defendant.

SUSPENSION OF PRISON SENTENCE
Article 80 CP allows the suspension of execution of prison sentence when certain requirements are met:

  • That the convicted person is a first-time offender (no prior criminal record)
  • That the imposed sentence does not exceed 2 years imprisonment
  • That civil liabilities have been satisfied

The suspension has a probationary period of 2 to 5 years, during which the convicted person does not enter prison. A specialist attorney can handle this procedure directly before the sentencing court, avoiding admission to a correctional facility.

AVOIDING A CRIMINAL RECORD
In certain cases, it is possible to structure the defense to prevent the client from accumulating a criminal record, which would have consequences for their professional life, in future proceedings, and in the possibility of obtaining sentence suspensions.

The main avenues are:

  • Guilty plea with sentence substitution for fine or community service
  • Sentence under 6 months imprisonment: can be entirely substituted by fine or community service (art. 71.2 CP)
  • Mitigating circumstances that reduce the sentence below critical thresholds
APPEAL AGAINST JUDGMENT
If the trial outcome is unfavorable, an appeal to the Provincial Court may be filed within 5 business days from notification of the judgment (art. 790 LECrim).

In second instance, the following can be challenged:

  • The evaluation of evidence presented at trial
  • Incorrect application of criminal offenses or modifying circumstances
  • Violations of fundamental rights during the proceedings

The 5-day deadline is peremptory: once elapsed, the judgment becomes final and the conviction becomes enforceable. Immediate action by the attorney is essential.

What to do if you are summoned for a fast-track trial?

Receiving a court summons or being arrested for a fast-track trial is a situation that requires immediate and calm action. These are the key points:
  • Do not testify without a lawyer. You have the constitutional right not to testify against yourself (art. 24.2 CE) and to be assisted by counsel before any proceedings.
  • Request a lawyer of your choice, not court-appointed. The duty roster assigns counsel, but you have the right to designate the attorney of your choice. A criminal law specialist radically changes the defense approach.
  • Know your rights. Right to know the charges, not to testify, not to confess guilt, to an interpreter if you don’t speak Spanish.
  • Do not accept plea agreement without advice. Plea agreement is final and irrevocable. Without rigorous analysis of evidence and consequences, it may mean waiving important rights.

Is it mandatory to go to a fast-track trial with an attorney?

Yes. Legal representation is mandatory in all criminal proceedings. If you do not appoint a trusted attorney, the court will assign one from the public defender’s office. However, you have the inalienable right to choose your own attorney before making any statement, and exercising this right is fundamental for your defense. Contact a criminal defense attorney before appearing in court.

What happens if I plead guilty in a fast-track trial?

If you agree with the charges, the sentence requested by the prosecutor is automatically reduced by one third (art. 801 LECrim), but the conviction is final. This entails a criminal record, possible accessory penalties (license suspension, restraining orders) and, in some cases, imprisonment if suspension is not granted. Never agree to charges without first analyzing with your attorney whether there are real possibilities of acquittal or a more favorable sentence.

How long does a fast-track trial take?

The deadlines are extremely brief. From the arrest, the duty court has 72 hours to conduct urgent proceedings. If there is agreement during the duty hearing, the sentence can be issued that same day. If there is an oral trial, it must be held within a maximum of 15 days from when the prosecutor presents the charges. The sentence is issued within 3 days. The entire procedure, from beginning to end, can be resolved in less than a month.

Can I avoid a criminal record in a fast-track trial?

In certain circumstances, yes it is possible. If the sentence is less than 1 year imprisonment, it can be substituted with a fine or community service, avoiding imprisonment and, depending on the type of resulting sentence, minimizing the effects on the criminal record. Additionally, criminal records are expunged after serving the sentence and the passage of the periods established in art. 136 CP (between 6 months and 5 years depending on severity). Your attorney can design a strategy to minimize long-term consequences.

What happens if I don't appear at the fast-track trial?

Unjustified failure to appear at the oral trial can have serious consequences. The judge may issue an arrest warrant, hold the trial in absentia and issue a conviction in the defendant’s absence. Additionally, preventive attachment of assets may be ordered to guarantee civil liability. If you have difficulties appearing on the scheduled date, your attorney can request a justified postponement of the hearing.

Why choose a lawyer specialized in fast-track trials

Fast-track trials are not minor proceedings. The speed of the process and time pressure make defense errors difficult to repair. These are the reasons why having a specialized criminal defense attorney makes the difference:
  • 24-hour availability. Arrest can occur at any time. We act from the first moment, including weekends and holidays.
  • Immediate evidence analysis. Before any statement, we analyze the police report, breathalyzer test evidence, injury reports and all available documentation to design the defense strategy.
  • Knowledge of duty court. Daily practice before Madrid courts allows us to anticipate the judge’s and prosecutor’s criteria, which is decisive in such fast proceedings.
  • Informed decision on plea agreement. We never recommend plea agreement without first thoroughly evaluating evidence, mitigating circumstances and real possibilities of acquittal at trial.
  • Second instance defense. If the sentence is not favorable, we appeal to the Provincial Court with solid arguments and within the peremptory deadlines set by law.

If you face arrest or summons for a fast-track trial, contact our criminal defense law firm in Madrid. We will evaluate your situation and design a tailored defense strategy.

Request a consultation with a fast-track proceedings attorney in Madrid

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