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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6056
Experience:  Spanish Attorney
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My son has just received court papers via the home office for

Customer Question

My son has just received court papers via the home office for an incident that happened in sep 2011 which resulted in him being places in prison for just over a week. Monies were paid over which I believe was bail. The papers do not state what needs to happen from my sons side of things, they contain statement and request of compensation and imprisonment from the prosecution. What should my son do as I understand that under uk law there us no obligation to respond? What are the consequences of doing nothing?
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi There

José M. :

José M. spanish attorney

José M. :

In my opinion doing nothing your son will take therisk to be deteined as soon as spanish police reach him even when it just made to be in front of the judge for a couple of hours

José M. :

I think it could be better for you to contract a local attorney who study the case pay the penalty in his name if neccesary and forget all about it

José M. :

May be with some little money he be free to stay in Spain without problms

José M. :

Thats my advice, contract a local attorney who study the case and defend him and pay the fine in order to forget the case

JACUSTOMER-8yu75j56- : My son us not in Spain, he is in the uk
José M. :

I am sure he is now, the problem is if some day he comes....

José M. :

Imagine the stupid case if deteined for an old case to be sent to the court

JACUSTOMER-8yu75j56- : The prosecution is seeking about 25000 euros and 5 years inprisonment.
JACUSTOMER-8yu75j56- : I'm not clear on what you are saying. What do you mean by stupid case.
José M. :

Oh that its not a joke really, even he could be prosected in UK or in a third country. I thought it just was a little fine ...

José M. :

I recomend you to contract a local attorney in order to defend him, do not take a doubt about it

José M. :

5 years is a hard penalty and the consecuencies could be very bad

JACUSTOMER-8yu75j56- : Would they as
JACUSTOMER-8yu75j56- : what they ask for both compensation and prison sentence
José M. :

Contract a local attorney who study what defend he has or even to get an agreement with the court

José M. :

may be he could just pay and forget the imprisionent

José M. :

But to get that he has to contract an attorney

José M. :

If he does not do it he could be prosecuted even in Uk

JACUSTOMER-8yu75j56- : The paperwork does not request any action, even the uk police cannot determine what needs to be done
José M. :

Uk police could do anything by now

José M. :

the point is in spain and in the spanish court, where you need a spanish attorney

José M. :

To do nothing is to take the worst way because the moment to defend him is now

José M. :

Your attorney now could reach an agrement in court, just money no jail

JACUSTOMER-8yu75j56- : You have not provided me with any advice that I didn't already assume needed to be done.
José M. :

Its the advice I think you need

José M. :

Do not wait to reed for a profesional to do nothing

José M. :

I am sorry you did not like the answer

José M. :

Have a good day Sir and sorry if I made you to lose your time