Arrested in Benidorm: the resort season and the residents

Benidorm concentrates an enormous seasonal population into a small area, and has a large permanent foreign community living alongside it. The two produce completely different caseloads: visitors who leave within days, and residents whose proceedings will find them.
What actually happens here
- Nightlife. The strip and the old town produce fights, public order and intoxication cases in volume, almost all between midnight and dawn.
- Balcony incidents and reckless conduct, where injury to another person turns a foolish act into a criminal file.
- Theft accusations in apartments, hotels and on the beach.
- Resident cases: domestic proceedings, driving, neighbour disputes, debt and property, none of which end when the season does.
- Drink driving on the coastal roads, where a licence measure affects daily life for anyone living here.
- Fraud complaints arising from property and rental arrangements.
Mutual fight cases have a specific dynamic here, as everywhere on this coast: the first person to reach the police station is treated as the complainant and the other as the suspect, whatever actually happened. Getting medical attention first is humanly right and procedurally costly, and the answer is to do both — treatment and a report, in that order, with a lawyer instructed immediately.
The Spanish clock, in short
Police detention cannot exceed 72 hours, counted continuously from the arrest, and there is no extension outside terrorism cases. The judge then releases you, releases you on conditions with or without bail, or orders pre-trial custody. The full framework is in the guide for Spain.
If you are flying home
The proceedings continue without you. An address for service and a lawyer on record before departure are what keep the case answerable, and what prevent the situation described in the guide on proceedings you did not know about, which arises in Spain in much the same way.
Frequently asked questions
How long can they hold me?
Seventy-two hours at most, counted continuously, and most detentions of this kind are resolved within a day.
The other person hit me first.
Self-defence is available but the response must be proportionate. Medical evidence and witnesses have to be secured immediately.
I fly home in two days.
The case continues without you. Leave an address for service and a lawyer on record before departure.
I live here permanently.
Resident cases behave differently: the proceedings will find you, and ties to Spain help considerably on the question of detention.
If this is happening now
With a name and the place of the arrest the position can be established quickly. First contact is free and covered by professional privilege, at any hour.
