Computer Crime and Cybercrime Lawyer in Madrid
If you are accused of or arrested for a cybercrime, an online scam, unauthorised access to systems or the disclosure of data, your defence hinges on the technical evidence. Do not give a statement without a lawyer by your side. We will take the call ourselves. 24-hour line: 681 256 507.
Cybercrime lawyer in Madrid, available 24 hours
In a cybercrime case, almost everything turns on one question: was it really you, or was it a shared device, a dynamic IP address or impersonated credentials? We are criminal defense lawyers in Madrid, focused on criminal law and computer crime, and we defend the person under investigation from start to finish. We do not represent victims of online scams (cryptocurrency, investment platforms, romance scams): we work in defense, not asset recovery.
Types of cybercrime we defend in Madrid
These are the types of cybercrime in which we take on your defence in Madrid. When the case overlaps with sexual offences in their digital form or with property crimes, we handle those too.
Computer fraud and phishing
Computer fraud, phishing, bank impersonation and CEO fraud: computer manipulation that triggers a payment you did not authorise. We challenge authorship and the traceability of the funds.
Unlawful access to systems and damage
Unlawful access to systems (hacking) and computer damage: bypassing security to enter a system or deleting and altering other people’s data. We dispute the expert evidence and the order that authorised the intervention.
Secrets, data and images
Discovery and disclosure of secrets, data protection, identity theft and the distribution of images. We work on establishing true authorship and the lawfulness of how the evidence was obtained.
What we do if you are arrested or summoned over a cybercrime
Whether you have been arrested or summoned to give a statement over a cybercrime, what you do before your first statement shapes the entire case. Here is what we do with you from the moment you call:
We take your call.
We identify the court or police station, the content of the complaint and your procedural situation, and we activate the defence at that moment.
We give you initial guidance.
You have the right to remain silent and not to give a statement without your lawyer. A spontaneous statement can be read as self-incrimination.
We go to the court or police station.
A lawyer from the firm travels to the investigating court or the police station, in central Madrid or in the Henares Corridor.
We speak with you privately.
In a private consultation, before you give any statement, we work with you to prepare your account of the facts and the evidence that should be preserved from the outset.
We assist you during your statements.
Before the judge and, where applicable, before the Police, we handle every statement carefully and put forward the expert evidence that supports your position.
We provide this assistance ourselves, 24 hours a day, every day of the year. Central Madrid, the Henares Corridor and all of Spain.
What you may be accused of in a cybercrime case
Under the label of cybercrime, very different types of conduct can be included, and the sentence changes depending on what you’re accused of:
- Computer fraud: a payment you did not authorise, caused by a computer manipulation.
- Unlawful access to systems: entering a system by bypassing its security measures.
- Computer damage: deleting, altering or rendering unusable data or programs belonging to others.
- Disclosure of secrets: taking possession of emails, files or private messages.
- Identity theft on social networks or online services, depending on the harm caused.
- Forgery of cards and payment methods.
- Child pornography and offences against intellectual property committed online.
Digital evidence: where your defense is won
Most of these cases are won or lost on the digital evidence. These are the fronts we work on:
- Chain of custody: if it is broken between seizure and the laboratory, that evidence can fall apart.
- Hash function: if the code of the original and that of the forensic copy do not match, that is a strong defense.
- Metadata: creation, modification and access dates of a file; they can be manipulated, but an expert can trace them.
- The IP address: it is an indication, not full proof. A public network, a VPN or an infected device break the link to authorship.
- Messaging: a screenshot is not evidence; authenticating it requires forensic extraction from the phone that sent it.
Lines of defense against a cybercrime accusation
When you are accused of a cybercrime, we work on several lines at once:
- Authorship. A shared device, stolen credentials, malware or identity theft can explain what you are being attributed with.
- The judicial order. If the interception of accounts or devices is poorly justified, the resulting nullity drags down all derived evidence.
- Reclassifying the offence. Many acts reported as cybercrime end up being a civil matter.
- Repairing the harm. Restoring what was obtained or returning the data works in your favour as a mitigating factor.
24-hour assistance if you are reported for a cybercrime
Tel. 681 256 507 · [email protected]
What sentences you risk for a computer crime
Sentences depend on the type of offence and the amount or harm involved, but this is what you could be facing:
- Imprisonment: from a few months to several years in basic cases, more if there are aggravating factors.
- Fines and disqualification from the profession when professional means are used to commit the offence.
- Civil liability for the damage caused, which is claimed within the criminal proceedings themselves.
When the evidence is unfavourable, a well-negotiated plea agreement can bring the sentence into a range compatible with suspension.
Who investigates cybercrimes and where they are tried in Madrid
Preliminary investigations are handled by the Examining Courts of Madrid; the material investigation is carried out by the Civil Guard’s Telematic Crimes Group and the National Police’s Central Technological Investigation Brigade. Where there is a transnational dimension or organised crime involved, the National Court takes over. We work in Madrid city, in the Henares Corridor and throughout Spain, with our office at Goya 20.
Your cybercrime lawyer, privately instructed, not court-appointed
In a cybercrime case, where everything turns on technical expert evidence, court-appointed legal aid covers the formalities, but rarely prepares a defence IT expert report in time. Choosing your lawyer through private instruction means the same firm that studies your case is the one who answers your call and goes with you to the hearing. No middlemen: we handle your case ourselves, from start to finish.
How we handle your cybercrime case, step by step
From the first call after being summoned or arrested for a cybercrime through to the final judgment and appeal, we work every case with the same method. We apply it equally to a phishing scam and to unlawful access to a company’s systems.
First contact
We attend to you directly, by phone or in person, even outside office hours. We identify your procedural situation and start your defence from that moment.
Case analysis
We review the police report, the judicial order, the device’s chain of custody and the expert report. When the case warrants it, we bring in a defence IT expert report to challenge the cloning process, the hashes or the attribution of authorship.
Strategy and preparation
We design the strategy: challenging the validity of the digital evidence, disputing authorship, or a plea agreement with a reduced sentence when it genuinely works in your favour. We prepare each stage together with you.
Defence at trial
We defend you at the trial hearing before the Criminal Court, the Provincial Court or the National Court, and we appeal or bring a cassation appeal when appropriate.
Frequently asked questions about cybercrime in Madrid
Someone has used my email to send messages I never sent — am I liable?
No, unless it is proven that it was you. The defence relies on IT expert evidence to show that your email or account had been compromised (phishing, credential theft, malware). An IP address alone does not prove who wrote the message. We will look at this in relation to your case at the first consultation.
How is authorship proven in a cybercrime case?
It is built up from a combination of indicators: who owns the device, the IP address, the metadata, what is found on the equipment and what is stated. Our defence works to weaken each link in that chain where there are alternative explanations: a compromised device, shared use or identity theft.
Do I need immediate legal assistance after a cybercrime complaint is filed?
Yes, and the sooner the better. Having a lawyer from the outset allows you to reserve your version of events, examine the police report and avoid making spontaneous statements. Furthermore, evidence that may work in your favour (the device analysis) needs to be preserved quickly before it is lost.
Is a fast-track trial possible for computer crimes?
It’s unusual. Fast-track trials are reserved for offences carrying sentences of up to five years, cases of red-handed arrest, or straightforward investigations, and in cybercrime the evidence is usually complex. What is normal is an abbreviated procedure with several months of investigation while the computer forensic expert examination is carried out.
Why don't you represent victims of online scams?
We focus our work on defending the person under investigation and, in commercial matters with a criminal basis, on companies that have been harmed. We do not take on claims from individual victims of online fraud, as these require a different type of work (international tracing of funds) that is typical of asset recovery firms.
Our office at Goya 20, Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We see clients at Goya 20, by phone and by video call, with the confidentiality inherent to professional practice.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 am – 7:00 pm (assistance to detainees 24/7)
Call a cybercrime lawyer in Madrid
A cybercrime case is decided in the first moves: the authorship being disputed, the expert evidence that is preserved, and the account that is set out in the first statement. The sooner you call us, the more room we have to act. We assist clients in Madrid and throughout Spain. Call us on 681 256 507.
