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Facing a minor offense trial may seem like a simple procedure, but its consequences can significantly affect your life. A conviction can result in fines, sanctions, temporary criminal records, and even restrictions of rights. Although the law allows you to defend yourself without an attorney, it is essential to have a criminal defense attorney in Madrid who guarantees a solid defense and protects your interests.

If you have been reported and have a minor offense trial in Madrid, this guide will provide you with all the information you need to face the process with confidence.

What is a minor offense trial?

A minor offense trial is a simplified criminal procedure designed to prosecute minor infractions. Before the Criminal Code reform of 2015, this type of offense was known as misdemeanors.

They are regulated in articles 962 to 977 of the Criminal Procedure Law and are processed before an Investigating Court or, in cases of domestic violence, in a Violence Against Women Court.

Unlike other criminal procedures, there is no extensive investigation phase, which means that evidence must be presented directly at trial.

How is a minor offense trial processed?

The procedure is fast and agile, as it seeks to avoid judicial overload. The main steps are:

Minor Offense Trial Attorneys in Madrid

Fotografía de un hurto en vía pública, donde una persona vestida de oscuro sostiene un bolso y una cartera, sugiriendo la comisión de un delito leve. Esta imagen representa un posible juicio por delito leve, ya que los hurtos inferiores a 400 euros se consideran delitos leves según el Código Penal español.

What happens if I don’t appear at a minor offense trial?

Non-appearance of the complainant in the process

If the complainant does not appear and the offense is subject to private prosecution (such as defamation or minor damages), the procedure will be dismissed, unless the Public Prosecutor’s Office maintains the accusation.

Non-appearance of the defendant in the process

If the defendant does not attend, the trial will be held in their absence, provided they have been properly summoned. Not appearing can result in a conviction without opportunity to defend oneself.

Additionally, the Court may impose a fine between 200 and 2,000 euros if the non-appearance is unjustified.

Consequences of a minor offense trial

A minor offense trial may seem like an unimportant procedure, but its effects can be lasting. In addition to fines and sanctions, a conviction can generate criminal records and affect foreign citizens in their immigration status and administrative rights.

Problems arising from a minor offense conviction

Penalties vary according to the offense committed. Generally they include:

  • Financial fines of up to three months, the amount of which depends on the convicted person’s financial situation.
  • Restraining order or prohibition of communication with the victim.
  • How a defense attorney can help you in a minor offense trial

    A minor offense trial may seem like a simple procedure, but its implications can affect the defendant’s life. A criminal defense attorney specialized in minor offense defense provides the appropriate strategy to minimize risks and avoid unforeseen consequences.

    Is legal assistance necessary in a minor offense trial?

    It is not mandatory to have an attorney in all cases. Both the defendant and the complainant can appear and defend themselves. However, the Criminal Procedure Law (article 967.2) allows them to attend with legal assistance if they wish.

    Although minor offenses carry lesser sanctions, a conviction can result in financial fines, restrictions of rights, and temporary criminal records. A criminal defense attorney knows the strategies to reduce the penalty, dismantle evidence against the defendant, and guarantee the best possible outcome.

    Why is it advisable to have a criminal defense attorney?

    Without experience in criminal proceedings, the defendant may make mistakes that harm them. A criminal defense attorney:

    • Evaluates the validity of evidence and detects flaws in the accusation.
    • Designs a strategy to avoid disproportionate sanctions.
    • Negotiates with the Prosecutor’s Office to seek penalty reduction or acquittal.
    • Protects the defendant’s interests, avoiding

Do you need an attorney expert in minor offense trials?

Víctor Ávila, abogado penalista en Madrid
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Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.