Possible Foreign Bench Warrant Arrest Query

Bobby12

Hi All,

Just looking for some advice please.

A close relative of mine was involved in a legal incident in Spain about 2 years ago.

He was just gone 20 at the time and had gone to live there with friends for the summer.After about a month of living there he was involved in a car crash.

Before I continue I just want to say that my relative had never been involved in any trouble before nor committed any crimes.

On the night in question he had been out drinking with his 3 friends.He was separated from his friends as they wanted to go to a nightclub and he wanted to go to a bar.

Now this is where this gets crazy. My relatives next memory is waking up in hospital with a broken leg and a broken arm and some cuts and bruises to his face but also with two Spanish police officers in his room telling him that he is under arrest for theft of a vehicle and that he has been involved in a head on collision.

My relative is in complete shock.His last memory is being in a normal bar chatting to local girls and now he is in hospital under arrest.

He manages to get in contact with his friends who had been out looking for him as it was not normal behaviour for him to stay out all night.They also weren't able to ring him as his phone had been smashed in the crash.

After being released from hospital after a few days and being of no physical state to go to jail he is allowed back to his apartment.He then goes to see a local solicitor who he instructs to act on his behalf as he cant speak Spanish fluently. His solicitor informs him that after speaking with the police they are charging him with theft of a vehicle.

The solicitor tells him the details of the case as follows:

He stole a car miles from his apartment or the town he was out in.
The car he stole was an old banger from the 1970s.
The car owner had left the car unlocked and the keys in the car.
He crashed into an oncoming van.
No injuries were sustained to the other driver and his van had only very minor damage done to it.
My relative sustained serious injuries and the car he was in was a total right off.

The solicitor reckons it was an insurance job and that my relative was spiked
He said the spiking would be a common enough occurrence in this nightlife area and that it had also happened to himself.(The solicitor is English btw).

After brief appearance in court the following week his solicitor managed to convince the judge to allow him to return to Ireland to recuperate.

Two years later and they have now set a court date for him to attend court (and his solicitors are saying he HAS to attend btw).He has been in constant contact with his Spanish solicitors in that period and has given them power of attorney to act on his behalf for about 3 preliminary court dates within that period as well.

His solicitors have informed him of the details as follows:

He is not being charged with driving under the influence as he was too out of it when they brought him into hospital to get his consent to a blood test.

He is being charged with theft of the vehicle.

The driver he crashed into is looking for no compensation at all.

The owner of the car he allegedly stole is looking for 7000 euro compensation.

The court are fining him 2500 euro.


He had been unable to find work when he came back to Ireland so the most he would be able to pay would be the solicitor fees and the court fine and because of this He is seriously considering not going back at all in which case a bench warrant will be issued for his arrest.He has got a second opinion from a Spanish solicitor based in Ireland who says that they would never extradite him back to Spain for such a small case if he decided not to go back.

So my question is how would having a Spanish arrest warrant affect him for the rest of his life living in Ireland.He of course knows he would be never able to go back to Spain again.

Any advice on this case would be much appreciated guys.Sorry for the post being so long.

Bobby12

Pro Hoc Vice

You say the court are fining him €2,500 euro, I assume either this fine has been imposed or that is the max that can be imposed. An European Arrest Warrent can not be issued if that is the case. As jail time is required for a EAW to be issued.

Its hard to say how it will effect him, return or not it seems if fine has been imposed he has a conviction. That conviction will appear in Spain and can show up here. It may cause difficulty for travel to the USA etc. as he will have o disclose conviction as theft involves moral terpitude. He should be safe traveling through out the EU as EAW should no be invoked.

In relation to advice given, I have seen EAW issued for the stealing of a chicken, and for tiny amounts of drugs. The only issue is the possible sentence of 3 years or more, or if sentance imposed it must exceeded 4 months. I'm surprised that theft of motor vehicle in Spain is not covered by EAW.

Bobby12

infosys wrote: »

You say the court are fining him €2,500 euro, I assume either this fine has been imposed or that is the max that can be imposed. An European Arrest Warrent can not be issued if that is the case. As jail time is required for a EAW to be issued.

Its hard to say how it will effect him, return or not it seems if fine has been imposed he has a conviction. That conviction will appear in Spain and can show up here. It may cause difficulty for travel to the USA etc. as he will have o disclose conviction as theft involves moral terpitude. He should be safe traveling through out the EU as EAW should no be invoked.

In relation to advice given, I have seen EAW issued for the stealing of a chicken, and for tiny amounts of drugs. The only issue is the possible sentence of 3 years or more, or if sentance imposed it must exceeded 4 months. I'm surprised that theft of motor vehicle in Spain is not covered by EAW.

Thanks for your reply.

He is a USA citizen by birth but also has Irish citizenship from having both Irish parents and growing up here since one years of age.So I dont think it would affect him going to the states on his American passport?

So are you saying that if the court has issued him a fine they wont look to arrest him? And yes he has been told that he will have a conviction no matter if goes back or not.

Could you be a bit more specific in how a Spanish conviction or a potential bench warrant out for him could affect him moving forward in life here in Ireland?For example where would it show up?

Thanks.

Pro Hoc Vice

Bobby12 wrote: »

Thanks for your reply.

He is a USA citizen by birth but also has Irish citizenship from having both Irish parents and growing up here since one years of age.So I dont think it would affect him going to the states on his American passport?

So are you saying that if the court has issued him a fine they wont look to arrest him? And yes he has been told that he will have a conviction no matter if goes back or not.

Could you be a bit more specific in how a Spanish conviction or a potential bench warrant out for him could affect him moving forward in life here in Ireland?For example where would it show up?

Thanks.

There is a possibility it will show up on any vetting. He will of course have to disclosure any conviction if asked.

Fred Swanson

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