Extradition Lawyer in Spain

Spanish justice is slow, except when it comes to surrendering you to another country.

More often than not, the process is already under way before you even know it exists.

If you are not properly advised from the very first moment, you can be surrendered within days. Don't wait: if you believe you are wanted or that there may be a surrender order against you, contact me now.

I am Miriam Rosales,

After years of working within the European Union, I have first-hand experience of how criminal courts operate both inside and outside Europe, and how they coordinate through international cooperation mechanisms such as Extradition and the European Arrest Warrant.

I now use that knowledge to stand by clients of any nationality when time is against them. My commitment is simple: to use every legal mechanism within my reach to try to stop your surrender, whatever your situation:

  • You think you are 'wanted' under an Interpol international alert (a red notice) and fear being detained when crossing a border.
  • Detained at an airport, port or border due to an international alert.
  • Notified that another country is requesting your extradition.
  • Arrested in Spain following a European Arrest Warrant (EAW) issued by a foreign court.
  • In need of an urgent appeal to suspend the surrender and gain time.
  • You are concerned that the country requesting your surrender will not give you a fair trial, or that your rights will not be protected, and you want that to be raised before you are handed over.
Get in touch

English-speaking defence

You deal with me directly, in English

In a cross-border case the last thing you need is to explain your life through an interpreter. You talk to me, in English, and I tell you straight where you stand, from the first call to the final hearing.

I defend national and international clients at every stage of the extradition and European Arrest Warrant process.

01

Arrest and Provisional Detention

  • The order is usually served at the time of arrest.
  • It is very likely they will request pre-trial detention on grounds of flight risk.
  • My first objective is clear: to convince the judge that alternatives exist and to prevent you from going to prison.
  • I also make sure you do not consent to surrender without fully understanding what that means, because that consent is irrevocable: once given, there is no going back.
02

Court Proceedings and Final Decision

  • This is the key phase to convince the court to refuse the application.
  • I build a defence strategy tailored to your case and to the political context of the country requesting your surrender, identifying and arguing every ground that could prevent your extradition.
03

After the Decision

  • Many people think everything ends with the court decision, but that is not the case.
  • If the surrender is refused, I make sure you are no longer at risk: that Interpol alerts (red notices) are withdrawn and you are not left exposed to a new arrest in another country.
  • If it is granted, I prepare the necessary appeals and maintain an active defence right up to the last day.

If you would like me to act as your solicitor, please follow these steps:

  1. 1.

    Contact me by phone, WhatsApp or email.

  2. 2.

    I will assess your case, address any urgent questions and provide a detailed quotation.

  3. 3.

    If you choose to instruct me, we will begin preparing your defence immediately.

Frequently Asked Questions

Very little, which is why every hour counts. If you consent to surrender, the court decision is taken within the following 10 days. If you oppose it, the general deadline to decide is 60 days, extendable by a further 30 when justified. And once the decision is final, the transfer to the requesting country usually takes place within the following 10 days. Consenting or not is neither good nor bad in the abstract: it depends on your case, but that decision has to be made with proper advice.

When a European Arrest Warrant is executed in Spain you are arrested and brought before the Central Court of Investigation at the Audiencia Nacional. At that first hearing you are told about the warrant, the offence you are wanted for, and your right to consent to or oppose surrender. It looks like a formality, but it is not: what is decided there shapes the rest of the proceedings. You have the right to a lawyer and an interpreter from that moment.

Yes, but opposing is not about saying you do not want to go: it is about specific legal grounds. Some require the court to refuse surrender (such as having already been tried for the same facts), others allow it to refuse or attach conditions (the statute of limitations under Spanish law, the lack of double criminality, or return guarantees so you serve any sentence in Spain). And there is a limit that always applies: fundamental rights, where there is a real risk of inhuman treatment or degrading prison conditions. Identifying which one fits your case is technical work against the clock. I explain it in detail here.

They are similar processes, one country requests the surrender of a person, but there is a key difference.

  • A European Arrest Warrant comes from an EU Member State (France, Italy, Germany…).
  • An Extradition request comes from a country outside the EU (Morocco, Russia, Venezuela…).

I can defend you in both proceedings.

Each case is different, so the final fee depends on its complexity and the stage or stages of the proceedings in which you require my services. You will always know my fees in advance, no surprises. This way, you only pay for the work you truly need, as the process moves forward.

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 handle all communication with your current lawyer to ensure the transition is smooth and hassle-free.

Spain has an extradition treaty with the United States, so it can. But "can" is not "must". The request still has to pass through the Audiencia Nacional, and there are grounds to oppose it, from defects in the paperwork to a real risk to your fundamental rights. A US request is not the end of the road.

Yes, but not through a European Arrest Warrant anymore. Since Brexit, requests between Spain and the UK run through the post-Brexit cooperation agreement, which sits somewhere between an EAW and classic extradition. The deadlines and the grounds to oppose are different, and that changes the strategy.

Extradition from Spain: who is asking, and from where

Not every request works the same way, and the country behind it changes everything: the deadlines, the safeguards and who has the final word.

  • Requests from inside the EU arrive as a European Arrest Warrant: fast, judicial, and run on tight deadlines counted in weeks.
  • Requests from outside the EU (the United States, the United Kingdom after Brexit, and others) follow the classic extradition route: treaty-based, slower, with the government involved at the beginning and the end.

The mechanism that applies to you decides how your defence is built, so it is the first thing we pin down. If you want to see where your own country fits, I go through it case by case in my guide to extradition from Spain by country.

Other practice areas

Many cases involve more than one offence. I also defend you in:

Where I work

If your case is not in Málaga, I work across Andalusia and the rest of Spain: