Criminal Sentence Enforcement Lawyer in Madrid
If you have a final conviction and want to avoid going to prison, there is still time to act. Before entering prison you can request suspension of the sentence, its substitution by community work or a fine, expulsion where the convicted person is a foreign national, or the consolidation of several sentences to reduce the time served. Every day counts: we study your sentence, design the strategy and present it to the court. Office at Goya 20, Madrid. 24-hour assistance: 681 256 507.
Lawyers specialising in sentence enforcement for convicted persons in Madrid
We are criminal sentence enforcement lawyers in Madrid. Even once there is a final conviction, action can still be taken before entering prison: suspension of the sentence, its substitution, expulsion of the foreign national, or the consolidation of several sentences. These are the services in which we can help you most:
Avoiding imprisonment when the sentence and your circumstances allow it.
- Ordinary suspension
- Due to drug dependency
- Defence against revocation
Replacing prison with community work or a fine, or expulsion of the foreign national where appropriate.
- Community work or fine
- Substitutive expulsion
- Settled ties (arraigo) to remain
Combining several sentences and setting a maximum cap to reduce the years spent in prison.
- Legal accumulation
- Sentence settlement
- Review of the Parot doctrine
Lawyer for suspension of sentence in Madrid
Suspension is the most common route to avoid ever setting foot in prison. We assess whether your case qualifies and prepare the application in line with what the court requires. These are the routes:
- Ordinary suspension: if the sentence does not exceed two years and you have no prior convictions, the sentence is suspended in exchange for meeting certain conditions over a set period.
- Suspension due to drug dependency: if the offence is linked to a proven addiction and you commit to treatment, sentences of up to five years can be suspended.
- Defence against revocation: if you have already been granted suspension and something threatens to revoke it, we defend you in those proceedings so that you do not end up going to prison.
The key is usually payment or a commitment to pay the civil liability: we prepare this from the outset, as it is the factor that most often decides the outcome.
Urgent 24-hour assistance in the event of a summons or imminent imprisonment
Tel. 681 256 507 · [email protected]
Lawyer for substitution of sentence and expulsion of foreign nationals in Madrid
Cuando la suspensión no es posible, todavía hay formas de evitar el ingreso en prisión:
- Sustitución de la pena: por trabajos en beneficio de la comunidad o multa, según tu pena y tus circunstancias.
- Expulsión sustitutiva del extranjero: si te condenan a más de un año siendo extranjero, la ley contempla la expulsión en vez del cumplimiento en España.
Pero la expulsión no es automática ni siempre te conviene: cuando tienes tu vida aquí (familia, trabajo, residencia, hijos), peleamos para que puedas quedarte y cumplir en España, apoyándonos en tu arraigo y en el derecho a la vida familiar del Convenio Europeo de Derechos Humanos.
Abogado para la refundición de condenas en Madrid
Si arrastras varias condenas, no tienen por qué cumplirse una detrás de otra. La refundición permite acumularlas y fijar un tope máximo, de modo que penas que en bruto sumarían décadas quedan reducidas a ese límite. Es de las herramientas con más impacto en años de cárcel. Trabajamos:
- La acumulación jurídica: sumar las condenas refundibles y fijar el máximo legal de cumplimiento.
- El cálculo de la liquidación: descontando el tiempo ya cumplido y la prisión preventiva, condena a condena.
- La revisión tras la doctrina Parot: aplicamos el criterio que de verdad te corresponde, porque una liquidación mal hecha puede tenerte dentro más tiempo del que marca la ley.
Urgent 24-hour assistance if you face a summons or imminent imprisonment
Tel. 681 256 507 · [email protected]
How we handle your sentence enforcement, from the moment the judgment becomes final
Technical review of the judgment and the sentence settlement
We review the judgment, the sentence and the time already served, and identify whether there are other cases that could be consolidated.
Mapping the options available for your case
We identify which routes suit you (suspension, substitution, expulsion, sentence consolidation or pardon) based on your sentence and situation, and their real chances of success.
Applications before the competent bodies
We file the applications before the sentencing court, the Prison Supervision Court, and, where appropriate, the Ministry of Justice, together with supporting documentation.
Appeals against refusals by the court or the Prison Supervision Court
If the application is refused, we appeal: before the sentencing court, the Prison Supervision Court, the Provincial Court and the Supreme Court where appropriate.
Urgent assistance for imminent imprisonment
If you have a final judgment, a summons from the sentencing court, or imprisonment just around the corner, every day counts: suspension, substitution or sentence consolidation must be prepared beforehand, not after. We attend to you directly, every day of the year. Madrid city, the Henares Corridor and throughout the country. The line is answered by a lawyer who is a partner at the firm, not by an external answering service.
Other areas we also handle in Madrid
A case in the enforcement stage often overlaps with prison law, pardons and, if there is a new arrest, assistance to the detainee. These are the related areas, each with its own page.
When the final judgment meets grounds of justice, fairness or public interest for requesting an individual pardon before the Council of Ministers.
- Preliminary feasibility analysis
- Processing before the Ministry of Justice
- Precautionary suspension of enforcement
- Coordination with the prison phase
When admission to prison is imminent or has already occurred and it is necessary to plan classification, leave permits, third-degree status and parole.
- Assistance from the moment of admission
- Appeal against initial classification
- Applications for leave permits and third-degree status
- Ordinary and early parole
If you are detained while serving a sentence or in connection with a new case, immediate 24-hour assistance.
- Action at the police station
- Private interview
- 24-hour direct line
Defence in sentence enforcement: frequently asked questions
If your question isn’t here, write to us: we reply within less than 24 working hours and always in confidence.
Is a final judgment enforced automatically, or is there real room for action?
There is real room for action. Finality opens the enforcement phase, in which suspension, substitution, substitutive expulsion, aggregation of sentences, prison classification, leave permits, parole and, where applicable, pardon are all considered. Each of these mechanisms can substantially change the way the sentence is served. We review this in your specific case at the first consultation.
What is the difference between suspension and substitution of a sentence?
Suspension holds the enforcement of the sentence in abeyance for a set period, subject to compliance with certain obligations; if the period elapses without revocation, the sentence is deemed extinguished. Substitution replaces the custodial sentence with community service or a fine. In practice, substitution operates as one of the conditions of suspension under the regime in force since the 2015 reform. We determine this in the initial assessment of the case file.
My relative is about to enter prison due to a final judgment. What can be done before admission?
Before admission, it is advisable to review the judgment, raise suspension where appropriate, assess substitution and, if relevant, prepare the file for a favourable initial classification. Early intervention avoids automatic decisions that are difficult to reverse later. Before any court appearance, it should be reviewed with the firm.
When does substitutive expulsion under Article 89 CP apply?
It applies to foreign nationals sentenced to more than one year’s imprisonment, unless there are grounds justifying that the sentence be served in Spain (family ties, qualified connections, long-term residence, the best interests of a minor). The defence must set out these grounds with documentary and witness evidence. If you have received a similar order, book a first confidential meeting.
Can time already served in another case be aggregated with a new sentence?
The aggregation of sentences under Article 988 LECrim allows sentences for offences committed before the first conviction became final to be legally combined, setting the maximum effective term of imprisonment in accordance with Article 76 CP. The calculation is technical and requires reviewing each sentence settlement. We review this in your specific case at the first consultation.
Does it make sense to request a pardon if the judgment is recent?
The viability of a pardon depends on the reasons invoked (justice, equity or public utility), not on the time elapsed since the judgment. An application without a solid basis wastes time and will not be granted; a prior feasibility analysis is the best investment. At the first consultation we will confirm whether your case falls within that scope.
Firm's offices at Goya 20, Madrid
We receive clients right in the city centre, next to the Goya metro station. Consultations are held in person, by telephone or by videoconference, always with dedicated attention to your case and under strict professional secrecy.
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call the office directly. We handle consultations in person at Goya 20, by telephone and by videoconference, always 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 – 19:00 (24/7 assistance for detainees)
Why choose a sentence-enforcement lawyer from the moment a conviction becomes final
How your sentence is enforced is decided before you enter prison: how suspension is requested, how substitution or expulsion is assessed, and how consolidation is prepared when there are multiple sentences. We act before the Criminal Courts and the Provincial Court of Madrid, the Prison Supervision Courts, the National Court when applicable, and the Ministry of Justice in pardon proceedings. As sentence-enforcement lawyers in Madrid, we take on your case from the very first call, in the city of Madrid, the Henares Corridor and throughout the country.
