What to Do If You Are Summoned to Give Evidence as a Suspect

What to Do If You Are Summoned to Give Evidence as a Suspect

Receiving a court summons as a suspect is one of the most distressing situations a person can face. Uncertainty about what will happen, lack of familiarity with criminal proceedings, and fear of potential consequences are entirely understandable reactions. However, remaining calm, knowing your rights, and obtaining proper legal advice can significantly influence the course of the proceedings.

In this article, we explain in a clear and practical way everything you need to know when you receive a summons to appear as a suspect before a court.

What Does It Mean to Be Summoned as a Suspect?

Being summoned as a suspect means that a court has determined that there are sufficient indications to require you to give a statement in relation to a possible criminal offence. It is important to emphasise that this status does not imply, under any circumstances, that you are guilty of anything: it simply means that there are suspicions that must be clarified.

Following the enactment of Organic Law 13/2015, the former term “charged person” (imputado) was replaced by “suspect” (investigado), with the aim of clarifying the stages of criminal proceedings and better safeguarding the presumption of innocence. At this stage, the court is still in the investigative phase: gathering information, analysing evidence, and determining whether there are sufficient grounds to continue the proceedings.

Being a suspect is very different from being formally accused. A formal accusation only arises once the investigation phase has concluded and the judge considers that there are sufficient grounds to proceed to trial. Until then, the suspect’s statement is merely one procedural step within the process.

Your Rights as a Suspect: Know Them Before You Testify

Spanish law guarantees a number of fundamental rights from the moment you acquire the status of a suspect. Knowing them is not optional: it is your strongest defence.

• Presumption of innocence: no one can be considered guilty until a final judgment declares otherwise.
• Right against self-incrimination: you are not obliged to answer questions that may harm you. This right cannot be held against you.
• Right to remain silent: you may refuse to testify without providing justification, and this cannot be used as evidence against you.
• Right to legal representation: you are entitled to be assisted by a criminal defence lawyer of your choice at all times, even before giving a statement.
• Access to evidence: you have the right to know what evidence or indications exist against you and to submit evidence supporting your innocence.
• Right to a public trial: except in very specific circumstances provided by law, judicial proceedings will be public.

Steps to Take Upon Receiving a Summons

Receiving such a document may trigger panic, but acting in an orderly and thoughtful manner is essential. These are the steps you should follow:

1. Read the summons carefully

The document will include the date, time, and place where you must appear, as well as a reference to the matter or alleged offence under investigation. Do not ignore the summons or postpone dealing with it: deadlines in criminal matters are strict.

2. Contact a criminal defence lawyer immediately

This is the most important and urgent step. Before speaking to anyone, before explaining anything to family or friends, and before preparing any version of events: contact a lawyer specialising in criminal law. Never attend a statement without legal representation. A mistake at this stage may compromise your entire defence.

3. Prepare your statement with your lawyer

Your lawyer will analyse the summons, review the existing evidence, and design the most appropriate defence strategy with you. Together, you will determine whether it is advisable to testify, what information to provide, and what documents or evidence may strengthen your position.

4. Attend the hearing accompanied by your lawyer

During your appearance, your lawyer will be by your side to ensure that the procedure is conducted with full legal guarantees, to object to improper questions, and to advise you in real time on how to respond.

What Happens If You Do Not Attend the Summons?

Ignoring a court summons is not an option. The consequences of failing to appear may be serious and cumulative:

• Financial penalty: the Criminal Procedure Act provides for fines ranging from €200 to €5,000 for unjustified failure to appear.
• Criminal liability for obstruction of justice: repeated unjustified absence may lead to charges for this offence.
• Arrest warrant or search order: the judge may order your location and compulsory appearance before the court if your absence is not justified.

What Happens After Your Statement?

Once you have given your statement, the investigating judge will assess your testimony alongside the other investigative measures carried out. From there, the proceedings may follow two main paths:

Dismissal or discontinuance of proceedings

If the judge concludes that there is insufficient evidence of criminal liability, or that the facts do not constitute an offence, an order of dismissal will be issued and the proceedings will be closed. This is the best possible outcome and one to which a strong defence can significantly contribute.

Opening of trial proceedings

If the judge finds reasonable indications of guilt, an order to open trial proceedings will be issued. At this stage, you will continue to benefit from all procedural guarantees and legal representation to build a solid defence.

The Importance of Specialised Legal Advice

Facing a statement as a suspect without a criminal defence lawyer is one of the most serious mistakes you can make. It is not merely about having someone accompany you to court: it is about having a professional who thoroughly understands criminal procedure, knows how to protect your rights at every stage, and can anticipate the prosecution’s strategies.

Our firm has criminal law specialists with extensive experience in defending suspects. If you have received a summons or have any doubts about your situation, do not wait: contact us as soon as possible.

Frequently Asked Questions

What should I do if I do not understand the summons?

This is more common than it may seem. Court documents are drafted in technical language that can be difficult to interpret without legal training. If you do not understand the reason for your summons, the charges mentioned, or what is expected of you, do not try to decipher it on your own or rely on information found online. Contact a criminal lawyer as soon as possible: they will clearly explain each part of the document, why you have been summoned, and what steps you should take.

Is it mandatory to have a lawyer when testifying as a suspect?

Legally, you are not required to hire a private lawyer, as you may request the assistance of a court-appointed lawyer. However, in practice, attending without legal representation or with a lawyer lacking experience in criminal law may seriously jeopardise your defence. A specialised criminal lawyer not only understands the procedure but also knows how to prepare you, what to say and what to avoid, how to protect your rights during the hearing, and how to anticipate the prosecution’s arguments. Their presence is not a luxury—it is a safeguard.

What if I do not have evidence to prove my innocence?

Not having your own evidence at this stage does not mean you are in a hopeless position. The investigation phase is precisely the stage in which all available information is gathered and analysed, both from the prosecution and the defence. Your lawyer will examine the evidence against you, identify inconsistencies or gaps, and explore defence strategies you may not have considered. The judge will not make any final decision until the entire case has been reviewed, which is why working with your lawyer from the outset is essential.

Can I request a change of date if I cannot attend?

Yes, it is possible to request a postponement of your appearance when there is a justified reason preventing you from attending on the scheduled date. It is not enough to notify the court informally: the request must be made in advance, through the appropriate channels, and supported by documentation proving the reason for your absence. It is advisable for your lawyer to handle this request, as they are familiar with the formal requirements and can ensure that the procedure is carried out correctly and within the applicable deadlines.