Drug Trafficking Lawyer in Spain

There is no single figure, and be wary of anyone who gives you one without seeing your case. Article 368 of the Spanish Penal Code sets two brackets depending on the substance: 3 to 6 years in prison for drugs that cause serious harm to health (cocaine, heroin, synthetic drugs) and 1 to 3 years for those that do not (cannabis, hashish). That is the starting point, the basic offence. From there the sentence rises if aggravating factors apply, or falls if the lesser offence is recognised. I explain the full framework in this article.

Because it sets the sentencing bracket from the very first minute. Whether the substance is classified as causing serious harm to health or not can mean several years of your life. That is why one of the first things I check is exactly how the drug has been classified in your case, and whether that classification is correct. It is not always.

On top of the basic offence, the Penal Code provides aggravating factors that raise the sentence considerably: quantities of notorious importance, belonging to an organisation, being a leader or manager of the activity, or bringing drugs into prisons or schools. When several apply, the sentence can go well beyond the basic offence. That is why two cases that look the same end with very different sentences: the difference is in the detail, and that is where I build your defence.

Not everything is aggravation. Article 368 itself provides a lesser offence when the act is of minor significance. Depending on the specific sentence and your record, suspension of the sentence may be considered, so it does not always mean going to prison. And there are mitigating factors, such as cooperation with the authorities or drug dependency, that can make a difference. Each of these routes has to be fought for, and that means analysing your case from the start.

Yes. In practice, when you receive a summons for an offence against public health, it usually refers to a drug trafficking case. If you are unsure why you have been summoned, it is strongly advisable to contact me immediately to clarify whether you are under investigation.

Each case is different, so the final fee must be adjusted to the complexity of the matter and to the stage or stages of the proceedings in which you require my services. You will always know my fees in advance, with no surprises. This way, you pay only for the work you truly need, as the case progresses.

No. Although my office is based on the Costa del Sol, I work throughout Spain and collaborate on international cases alongside lawyers from other countries.

Yes. You can do so at any time. I will take care of all the formalities with your current solicitor to ensure a smooth and hassle-free transition.

No, and the gap is huge. Possession for personal use is an administrative matter, a fine, not a prison sentence. Trafficking, or possession with intent to supply, is a criminal offence under article 368. Where the line falls usually comes down to quantity and the surrounding evidence, and that line is exactly where many of these cases are won or lost.