Insight

How to appeal a pre-trial detention order and recover your freedom

How to appeal a pre-trial detention order and recover your freedom

PA

Written by Pardo Geijo Abogados

Published: June 10, 2026

How to appeal a pre-trial detention order and recover your freedom

The order decreeing pre-trial detention is one of the decisions with the greatest immediate impact on a person's life: within minutes, someone goes from freedom to entering a penitentiary. Every hour in pre-trial detention is an hour of freedom that is not recovered, so appealing that decision with the greatest urgency is one of the most important actions of the defence.

The first appeal is the appeal for reconsideration (recurso de reforma), which is lodged before the same court that issued the order, asking it to reconsider its decision. The time limit is three working days from notification, very short. Its success rate is limited, because judges rarely revoke their own decisions, but lodging it is usually necessary, since in many cases it is a prerequisite for the appeal proper. The appeal must precisely identify which legal requirements are not present or why the measure is disproportionate, and propose alternatives.

The appeal (recurso de apelación) is the most effective route: it is lodged before the investigating court for resolution by the Provincial Court. The time limit is five working days from notification of the order. In some cases it may be lodged directly, without the prior appeal for reconsideration, which saves crucial days. The Provincial Court must process it with maximum urgency and may convene an oral hearing in which the lawyer presents their arguments in person, a valuable opportunity.

The most effective grounds of the appeal are: the absence or insufficiency of rational indications of criminality; the non-existence of the substantive grounds, such as the risk of flight, destruction of evidence or reoffending; the sufficiency of less restrictive alternative measures, such as bail or periodic appearances; the lack of proportionality; and the insufficient reasoning of the order.

One of the most used arguments is the ties of the person under investigation to the community: their links to their environment, such as stable residence, employment, family, the absence of assets abroad or prior cooperation with justice, are the main counterweight to the risk of flight. Establishing this requires providing objective documentation: a rental contract or title deed, an employment contract, a family record book, a certificate of registration.

In addition to the appeals, the defence may request at any time the modification or substitution of detention for a less restrictive measure, especially useful when the circumstances that justified it have changed. If the judge refuses it, that refusal can be appealed. The law also requires a periodic review ex officio, but the defence should not wait passively for it. When the ordinary appeals fail, there are extraordinary routes: the appeal for protection (amparo) before the Constitutional Court, when the detention infringes fundamental rights and the ordinary route has been exhausted, and the European Court of Human Rights, which has convicted Spain in cases of excessive pre-trial detention.

All of this is only effective if activated with absolute urgency. An appeal filed on the same day as the order may mean fewer days of deprivation of liberty if it succeeds. The lawyer must be available to act immediately, know the case file in depth and draft the appeal within a few hours when urgency demands it.

Trending Articles

What AI Visibility Means for Lawyers


by Josh Rupall and Bryan Driscoll

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Rules on Gifting Money to Family: What to Know


by Bryan Driscoll

Generosity often runs ahead of paperwork. Here's how to give to loved ones without surprising the IRS, your estate plan or your relationships.

An open gift box filled with US $100 bills next to a lid tied with a red bow.

New England's Climate Litigation Surge


by Bryan Driscoll

What law firms need to know

New England's Climate Litigation Surge: What Firms Must Know headline

Who Can Override a Power of Attorney?


by Bryan Driscoll

A power of attorney carries real legal authority, but it isn't absolute. Here's who can step in to revoke, restrict or set it aside.

Close-up of a power of attorney document, symbolizing legal authority, revocation rights, guardiansh

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

How to Get an Eviction Off Your Record


by Bryan Driscoll

Whether an eviction can be removed, sealed or corrected depends on your state, your case and where the record appears.

A printed eviction notice attached to a decorative metal security gate, representing housing instabi

Best Lawyers Launches ChatGPT App


by Jennifer Verta

Expanding Trusted Legal Guidance Into AI-Driven Search

A glowing digital network overlay on a person typing on a laptop, representing AI in legal search.

How Peer Review Works: Best Lawyers Methodology Explained


by Jamilla Tabbara

Understanding the independent, data-driven framework that defines professional legal standing.

A glowing professional icon surrounded by incoming arrows, symbolizing data collection and feedback.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.

Google Is Losing Major Antitrust Cases. Is This the End of Big Tech’s Winning Streak?


by Justin Smulison

Legal experts say the remedies and appeals, not the liability findings, will determine if Google's losses reshape the tech industry.

Google Antitrust Losses: What They Mean for Big Tech
Smithy AI Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers