Summoned as a witness in an invesitgation :(

Feb 12, 2012 · KathyKat19 · 4 replies · 2442 views

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So here is my story:

I have been in Barcelona for a month and within my first few weeks here had my pink Iphone 3 stolen. The night it was stolen I was at Sala Apollo, and probably very obviously drunk. I walked back to the metro on Las Ramblas with a friend and stopped in the square (with the Gaudi lampposts) and had some late-night food. I went home and didn't realize my phone was missing until Sunday.

I have no idea who took it, or if I lost it and someone may have picked it up. I accepted that it was gone forever and got a local phone to get by until I am back in the states.

Now the police came looking for me a few days ago and issued me with a notice to appear as a witness at the Montjuic Sants police station on Tuesday. I'm terrified. I've never been in trouble in my life and it seems odd they would go through the trouble of tracking me down over a stolen phone I didn't even report. Also, there are some parts of the night that are a little fuzzy. I don't remember who took it or when it happened. All I know is that it went missing that night.

Is this the way crimes are typically investigated in Spain? I'm so afraid I will be charged with something I didn't do. That my phone was involved in a crime and I am somehow connected now...

Has anyone else ever heard of something like this? Or been called as a witness yourself??

Thank you. Any advice or wisdom is greatly appreciated...

Feb 13, 2012 · susanspain

Hi KK, Have you checked with your phone provider/cut off the service? Could it still be being used - for illegal purposes?
Generally, if you have been called as a witness - you MUST ATTEND - otherwise you can be fined, or even imprisoned. I don't want to alarm you, but maybe you need to hire a Spanish lawyer and get them to contact the police on your behalf.

If you have never been in trouble before, it could be that the phone perhaps was used in some criminal activity and the police just need you to tell them where/when it was stolen.

Best get a lawyer and for them to do something for their money?

Good luck :)

(Worst case scenario - get on that plane asap!)

Feb 13, 2012 · Gretina

In Spain, the judge summons the witnesses they believe fit for their investigation, and when summoned you have to attend. What this sounds like, if you?re appearing in the police station, is more to take a report because chances are they probably saw the CCTV tapes of someone stealing your phone. Or who knows, maybe they saw something else! I saw on TV that Barcelona police is doing a big crackdown on thieves, so this may be a good thing (but without the background, it?s hard to know).

I would highly suggest that you contact your embassy right away, so they may direct you to potential lawyers (english speaking if necessary), or what they know about this.

Good Luck!!!

Feb 13, 2012 · KathyKat19

Thanks for the responses.

I have contacted both the consulate and the embassy. The embassy told me to talk to the consulate and the consulate said that they're unable to "give legal advice" but can speak to the police for me. I'm planning on going to the consulate tomorrow before I'm expected to be at the police station. Like I said, I haven't (to my knowledge) done anything wrong but things can be misconstrued and I feel like its better safe than sorry...

I think getting a lawyer is a bit extreme but I'm going home next Tuesday (2 months earlier than expected). It hasn't been a great time for me here unfortunately....I think Barcelona is a wonderful place but maybe some place I want to visit when I have someone to look after me (read: boyfriend lol). Aside from this situation, there have been several instances in which I felt threatened, or at the very least vulnerable to other people. Part of the problem has been that I live outside of the city so getting to and from BCN after a night of drinking is something of a challenge and involves waiting in Plaza Catalunya for a bus that only comes once every hour. Hence, walking down Las Ramblas and being in that area late late at night. Ugh. All of it just leaves a bad taste in my mouth.