Criminal Defense Lawyer for Appeals in Madrid
If you have a conviction from the Criminal Court or the Provincial Court and want to appeal it, the clock is running: 10 days for an appeal, 5 days to prepare a cassation appeal. Don’t miss the deadline. We’ll take your call. Direct line: 681 256 507.
Criminal defense lawyer for appeals in Madrid
An appeal is the last opportunity, and it’s won by correctly identifying genuinely viable grounds, not by repeating the trial. We are criminal defense lawyers in Madrid and we take on the appeal stage whether we have handled the case from the start or you engage us solely to appeal. We study the entire case file and draft the brief tailored to the case law of the court that will decide it. We handle it from start to finish.
Types of appeals we file in Madrid
These are the types of appeals we file in Madrid. We appeal convictions for cybercrimes, sexual offenses and property crimes, among others.
Appeal (recurso de apelación)
Against a judgment from the Criminal Court to the Provincial Court, and against a judgment from the Provincial Court to the High Court of Justice. This is the route to review the assessment of the evidence.
Cassation appeal (recurso de casación)
An extraordinary appeal before the Second Chamber of the Supreme Court, with statutorily defined grounds. Here, what matters is correctly identifying the ground and drafting it with technical rigor.
Constitutional appeal (amparo) and Strasbourg
A constitutional appeal (recurso de amparo) before the Constitutional Court for violation of fundamental rights and, once domestic remedies are exhausted, an application before the European Court of Human Rights.
What we do from the moment you're notified of the judgment
From the moment you’re notified of the judgment, the deadline to appeal is strict and cannot be extended. This is what we do with you starting from that call:
We take your call.
We assist you directly, once the judgment has been notified, and we assess with you whether there are grounds to appeal.
We calculate your deadline.
We calculate the exact deadline that applies to you (10 days for an appeal, 5 days to prepare a cassation appeal, 30 for a constitutional appeal) and we get started immediately.
We request and study the case file.
We request and study the entire case file: the investigation records, the recorded trial hearing and the judgment with its legal grounds.
We identify the viable grounds.
We identify genuinely viable grounds and rule out those that aren’t, because appeals without a solid basis are dismissed as inadmissible.
We draft the appeal.
We draft the appeal with technical precision, clearly separated grounds, and cited and reasoned case law.
If the situation is urgent (an imminent committal or an arrest), we are also available 24 hours a day. Madrid capital, the Henares Corridor and throughout Spain.
What appeals we can file
Depending on the ruling and the court instance, these are the appeals we file:
- Appeal (recurso de apelación): against the judgment of the Criminal Court or the Provincial Court.
- Cassation appeal (recurso de casación): before the Second Chamber of the Supreme Court, on limited, specific grounds.
- Review appeal (recurso de revisión): against a final judgment when new facts come to light.
- Constitutional appeal (recurso de amparo): before the Constitutional Court, for violation of fundamental rights.
- Application to the European Court of Human Rights: once domestic remedies have been exhausted.
The grounds for a cassation appeal
A cassation appeal is not a way to re-try the facts: it is only admissible on specific, limited grounds, and getting these right is what determines whether it will succeed. These are:
- Breach of law: an error of law in classifying the proven facts.
- Procedural defect: a serious procedural flaw in the trial (denial of evidence, predetermination of the verdict).
- Violation of a fundamental right: the presumption of innocence, the right to effective judicial protection, the secrecy of communications.
- Error in the assessment of evidence: based on authentic documents that have not been contradicted.
The constitutional appeal (recurso de amparo) and your fundamental rights
Once ordinary remedies have been exhausted, the constitutional appeal (recurso de amparo) before the Constitutional Court protects your fundamental rights. The most common grounds in criminal cases are:
- Presumption of innocence: insufficient evidence against the accused or an irrational assessment of the evidence.
- Right to effective judicial protection: a judgment with serious defects in its reasoning or evidence arbitrarily denied.
- Secrecy of communications: poorly justified phone-tapping orders.
- Inviolability of the home: defects in the entry and search warrant.
Key deadlines: how long you have to appeal
Appeal deadlines are strict and cannot be extended. These are the main ones:
- Appeal: 10 days from notification of the judgment.
- Cassation: prepared within 5 days and formalised afterwards, once summoned before the Supreme Court.
- Constitutional appeal (amparo): 30 days from the last ruling that exhausted the judicial route.
- European Court of Human Rights: 4 months from the last domestic ruling.
Which courts we appeal to as specialist appeal lawyers
We file appeals before the Provincial Court of Madrid, the High Court of Justice of Madrid, the Second Chamber of the Supreme Court and the Constitutional Court, and we lodge applications with the European Court of Human Rights when appropriate. We handle appeals for cases investigated in Madrid city, in the Henares Corridor and throughout Spain. Our office is at Goya 20.
Your court-appointed lawyer for your appeal (libre designación)
You can change lawyer just for the appeal: appointing counsel for this phase is entirely free. The new defense team needs to study the entire case file before drafting, which is why it’s advisable to call as soon as you receive the judgment. The same firm that studies your case is the one that prepares the pleadings and attends the hearing. No intermediaries: we handle your appeal ourselves, from start to finish.
How we handle your appeal, step by step
From notification of the judgment to the decision of the Provincial Court, the High Court of Justice, the Supreme Court or the Constitutional Court, we work every appeal with the same method. We apply it equally to an appeal for a minor offence as to a cassation appeal in a white-collar crime case.
First contact
We deal with you directly, once the judgment has been notified. We calculate the deadline and assess together with you whether there is scope to appeal.
Study of the case file
We study the entire case file: the volumes of the pre-trial investigation, the recorded trial hearing and the judgment with its legal grounds. The appeal phase is not a quick review.
Grounds and drafting
We identify the viable grounds and draft the appeal with technical rigour, anticipating the response of the opposing party and the Public Prosecutor. We prepare every step together with you.
Hearing and decision
We attend the hearing when one is held, follow up on the proceedings and, where appropriate, take the case to the Constitutional Court on appeal for protection (amparo) or to Strasbourg.
Frequently asked questions about appeals and cassation appeals
I have a conviction and want to appeal, how much time do I have?
An appeal must be filed within 10 days of notification of the judgment. This deadline is strict and cannot be extended, so preparing the pleadings as soon as possible is what allows it to be filed on solid ground. We will review this in your case at the first consultation.
Can I change lawyer just for the appeal?
Yes. Appointing a lawyer just for the appeal is entirely free. The new defense team needs to study the entire case file before drafting: reading the pre-trial investigation, watching the recorded trial and analysing the judgment is preliminary work that cannot be rushed.
What are appeals in criminal law?
These are the means for challenging court decisions. There are ordinary ones (appeal) and extraordinary ones (cassation, review), and each has its own deadlines and grounds. Choosing the right appeal and properly formulating the grounds is what determines its viability.
How long does a cassation appeal take?
It varies. Once admitted for processing, the Supreme Court usually takes between several months and more than a year depending on the complexity and the workload of the Chamber. The admission phase takes between three and six months.
Does the appeal suspend enforcement of the sentence?
It depends. Neither an appeal nor a cassation appeal automatically suspends enforcement of the conviction. A precautionary suspension can be requested when there are exceptional reasons, but for effective prison sentences this is exceptional. We will confirm the status of your case at the first consultation.
Our office at Goya 20, Madrid
Cervantes & García-Escribano Law Firm
Book an initial consultation or call us directly. We are available at Goya 20, by phone and by videoconference, with the confidentiality inherent in 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 (24/7 assistance for detainees)
Call an appeals lawyer in Madrid
An appeal is decided in the first few days after notification of the judgment: identifying the viable grounds and how the submission is drafted. The sooner you call us, the more time we have before the deadline expires. We assist clients in Madrid and throughout Spain. Call us on 681 256 507.
