European Law

Have European Law Questions? Ask a Lawyer Now.

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I have been served a court summons to appear as a witness in…

Hi, I have been...

Hi, I have been served a court summons to appear as a witness in tenerife for a phone theft which happened 4 years ago. It is very short notice and I cannot not afford to travel. I have been threatened in letter that I could be fined between 200 and 5000 Euros. This seems very unfair due to the circumstances of me living in the UK. I did not even know my phone was stolen back then, I thought it was simply lost not pickpocketted from me which the Police informed me of. I don't see how my travelling all that way could make a huge difference. I have emailed the address off the summons stating I could not possibly afford to go but no reply. Could you please advise what the coconsequences would be should I not go. I am concerned I would be banned from Spain when I next travel next year or even arrested.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Santa Cruz, Tenerife. Canary islands

Lawyer's Assistant: Has anything been filed or reported?

No, only a statement I filled out 4 years ago

Show More
Show Less
Ask Your Own European Law Question
Answered in 1 day by:
11/1/2017
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified

Welcome to JustAnswer!
As your European Law expert, I am reviewing your question and will try to find a good answer for you.

Ask Your Own European Law Question

Dear Customer,

Thank you for your question. I am very sorry about your experience with the Spanish court system.

I must, unfortunately, inform you that you need to attend if summoned as a witness. A witness in criminal proceedings must always attend in person. Regarding the costs, the system works through compensation. In other words, once you are there, based on receipts, the court may approve the payment of your costs, consisting of:

- transportation;

- hotel;

- lost revenue (based on receipts from your employer stating how much you make in a day).

However, it would be useful to inquire in advance exactly how to submit these papers, since you only have one chance, namely at the hearing itself. The best place to inquire is***@******.*** , which should also be free and have the relevant forms, which are not available online.

If you do not do anything or do not appear at all, you will not be prosecuted, since it is not a crime. However, two things can happen:

1) either Spain will issue a European Witness Mandate, whereby the British Police will take you in and organize the hearing from Britain, or, at their discretion, send you under supervision to Spain for the hearing. You will not have a record, and costs will be paid by them, but it can be an unpleasant experience, because the way of processing these cases is similar to arrests; or

2) the Spanish authorities decide that a Warrant is too much, and retain you at the border the next time you come to Spain, for questioning (again, with no record).

In addition to this, a fine can be applied by the Spanish authorities, in the amounts you mentioned, and that can be enforced against you in Britain via a bailiff, by taking possession of goods / garnishment of salary etc.

Therefore, you should consider taking the following steps:

1. Writing your situation to***@******.*** , which is a specialized NGO in Spain dealing, inclusively, with such cases; and

2. Approaching the British Police with the Spanish summons, to see whether a hearing could be organized from Britain. Normally, this should be possible via videoconference, and a positive, proactive attitude from you, could well avoid the need for a trip to Spain.

E-mail communication directly with the Spanish authorities may, as you have seen, have no effect, since e-mail is usually not recognized as an official means of communication with European authorities.

I hope my answer was useful and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified
EULawyer and 87 other European Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
HiThank you for your response.I emailed the email address you provided and my next step was to visit my local police station in the UK.
Luckily enough I have recieved an email reply back from the courts informing me due to the short notice of my summons I will not be required to go. Should the case not be concluded next week in my absence I may be required at a later date but possibly by a video link.Thanks again

Dear Customer,

Thank you very much for your reply and your rating!

Best regards,

Dr I L Vlad

Ask Your Own European Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask EULawyer Your Own Question
EULawyer
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
270 Satisfied Customers
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office

EULawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

INC

INC

Solicitor-Advocate

98 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

Buachaill

Buachaill

Barrister

21 satisfied customers

Barrister

Ben Jones

Ben Jones

Solicitor

17 satisfied customers

UK Qualified Solicitor

José M.

José M.

Attorney

708 satisfied customers

Spanish Attorney

< Previous | Next >

Related European Law Questions
I am thinking of buying a property in Spain to retire soon.
I am thinking of buying a property in Spain to retire soon. Can you please help. … read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I have been very silly and have been scammed for 1000s of
I have been very silly and have been scammed for 1000s of euros. I know it is my own fault I just want to stop others being scammed. … read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I own a property it is is my name and my old partner, we had
Hello I own a property it is is my name and my old partner , we had kids together and all of us have uk passports, my partner has died and now 6 Years on I want to Sell our house in spain, but as my p… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
During my divorce I was asked to pay my ex wife 140,000
During my divorce I was asked to pay my ex wife 140,000 euros. She bought a house in Spain where we both lived. She has since remarried and moved to the UK. I am homeless. Can I move into her now empt… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
My watch was stolen in malaga airport last summer.spanish
My watch was stolen in malaga airport last summer.spanish police found the thief via security cameras and i submitted a report to the spanish police at their request by email after i returned to the u… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I am looking criminal lawyer/family lawyer specialising in
I am looking for a criminal lawyer/family lawyer specialising in restraiining orders in Spain, namely Tenerife in the Canary Islands… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
My husband and I went to gran canaria last October. We had a
My husband and I went to gran canaria last October. We had a domestic argument which was alcohol related and it ended up in me falling over and hitting my head on the car, however a witness saw and th… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
Jo, I went to Madrid with my partner, Spain around 13 months
Hi Jo, I went to Madrid with my partner, Spain around 13 months ago for a short weekend break, where we had our hotel room broken into. Our passports were stolen, so we reported the break in to the ho… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I have been summoned to attend as a defendant in Spain
I have been summoned to attend as a defendant in Spain for trial for an offence 13 years ago every five years they have extended the statute of limitations for the offence but this time they have sent… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I have an apartment in Tenerife in my name only but my ex (not
I have an apartment in Tenerife in my name only but my ex (not seen for 7 years) borrowed moneyfrom a moneylender who bullied and threatened me until I tookk out a mortgage on my property for 30,000 e… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
Hola señor Lo siento por mi español ! mi novia de 7 años
Hola señor Lo siento por mi español ! mi novia de 7 años en los se ha mantenido su visa turística , que por desgracia no sabía nada de esto .. porque antes de venir a Europa . Miré , y dijo que los es… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
My boyfriend and I had a fight in Tenerife in December 2010.We
My boyfriend and I had a fight in Tenerife in December 2010.We were living here at the time. I called The Guardia and they arrested him and he spent the night in jail. The next day we went to court, a… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I have a court protection order under spanish law for 18 months.
I have a court protection order under spanish law for 18 months. The offender cannot come 500mtrs close or make contact. he is now wearing a gps tracker. This was sentenced by the court. At the beginn… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
To whom it may concernHi, my name is Suzanne. I have just
To whom it may concern Hi, my name is Suzanne. I have just separated from my partner of 10 years. He initiated the split, but after a week of him announcing it, I discovered that he had been having an… read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I have been resident in Spain for 3 years and intend staying
I have been resident in Spain for 3 years and intend staying here. If a business which I hold a 55% share in Uk is sold what would the capital gains tax situation be? This is unlikely to happen for 2 … read more
José M.
José M.
Attorney
Máster
708 satisfied customers
I have been summoned to court in Tenerife as the innocent party
I have been summoned to court in Tenerife as the innocent party and my partner as the guilty over 'violence against women'. I never pressed charges against my partner who at the time we were only roma… read more
Thegonnec
Thegonnec
Président d\u0027audiences
Master\u0027s Degree
111 satisfied customers
I bought and paid for a bottle of perfume (Christmas present). on
I bought and paid for a bottle of perfume (Christmas present). on ebay on the 4/12/11, the seller stated that the item would be posted within 3 days of payment. As I paid by Paypal the perfume was pai… read more
Thegonnec
Thegonnec
Président d\u0027audiences
Master\u0027s Degree
111 satisfied customers
We paid a deposit to travelconnectonline.com for software to
We paid a deposit to travelconnectonline.com for software to a discount holday service. We also agreed to sell them our timeshare weeks and points, and pay them a further £4500 which together with the… read more
Thegonnec
Thegonnec
Président d\u0027audiences
Master\u0027s Degree
111 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x