EncroChat & Encrypted Communications Specialist
In 2024, the Court of Justice of the EU set the first limits on EncroChat evidence.
But convictions in Spain keep coming. The difference between those who fight and those who don't comes down to who challenged the evidence in time.
If I were in your shoes, I wouldn't wait until trial to challenge that evidence.
I am Miriam Rosales,
Criminal defence solicitor specialising in cases where the primary evidence is digital: EncroChat, SkyECC, Anom, Exclu and other encrypted communications platforms intercepted by European authorities.
My team includes specialists in European criminal law who understand how these operations were carried out and where the legal vulnerabilities lie. Digital evidence obtained abroad is not untouchable — it has weaknesses, and you need to know where to look.
These are the situations I handle:
- — Charges based solely on EncroChat or SkyECC messages
- — Challenging digital evidence obtained through foreign interception
- — Contesting the identification: was that alias actually you?
- — Chain of custody analysis of intercepted data
- — Fundamental rights violations in how the evidence was obtained
- — Cross-border cases involving European judicial cooperation
I represent national and international clients at every stage of the proceedings.
Arrest and identification
- —Most EncroChat arrests are based almost entirely on the intercepted messages. The first thing I examine: is the attribution of the alias to your person solid?
- —If the identification is shaky, everything built on top of it is too.
- —I advise you from the police station: what to say, what not to say, and how to protect your position from the very first moment.
The evidence: how it was obtained and how to challenge it
- —The EncroChat interception was authorised by a French court, not a Spanish one. That opens a serious legal debate about whether this evidence can be used in criminal proceedings in Spain.
- —The Court of Justice of the EU set clear limits in 2024. There is a real legal basis to challenge it.
- —I assess whether in your specific case there is a basis to challenge the digital evidence, in whole or in part.
Investigation
- —During the investigation phase I work to have the judge exclude any evidence obtained in violation of fundamental rights.
- —I also contest the strength of the alias attribution and examine whether the messages have been correctly interpreted by the prosecution — context matters, and the prosecution does not always factor it in.
- —If there is a solid basis for exclusion of evidence, the case may never reach trial.
Trial
- —If the evidence is maintained, trial is where the decision is made on whether there is sufficient proof to convict.
- —The aim is to dismantle the prosecution narrative: the context of the messages, their ambiguity, the absence of proof of any physical acts, and the contradictions in the police account.
- —If you already have a first-instance conviction based on EncroChat evidence, appeals and cassation proceedings are available on grounds of fundamental rights violation.
If you would like me to act as your solicitor, here is how it works:
- 1.
Contact me by phone, WhatsApp or email.
- 2.
I review your case, answer any immediate questions and give you a detailed quote.
- 3.
If you decide to instruct me, we start your defence immediately.
How would you like to reach me?
Frequently asked questions
Where I work
If your case is not in Málaga, I work across the province and the rest of Andalusia: