bobd22

I tend to agree the time to argue the case was when the hearing / trial was conducted, re opening a closed case will be difficult to say the least. I suppose only factor in OPs favour in that would be from what they say, never told they were a suspect but dealt with as a witness, no information sent to address details provided to police informing them they were no longer a witness but a suspect or told a hearing/ court case was taking place so that OP could defend themselves. However if no longer at the address given what steps were taken to update contact address? Dealings I have had with police in Spain are apart from initial contact and initial cop trying to fob one off with language issue, after that the actual process isn't really different to UK and you are given written details and contacts for update. There are unexplained elements here. So first thing is contact Spanish embassy and if happy to pay fine and close the matter move on. If totally unhappy same contact embassy and find out how to challenge what has happened. In that case be prepared to pay because they will without doubt advise you how to do that through a solicitor with a lengthy and costly appeal.

bobd22

Just one other odd thing is how this fine is issued on a per day basis? That sounds very odd for a penalty for assault and criminal damage. A per day fine generally is a penalty for not complying with doing something I. E. Fine increased per day for late payment etc.

Gra76

The fine is listed on the CRB check, 2 different fines, one for assault, one for damage to property. Both fines are 5 euros per day for a month, so 150 euros for each. I’ve had my work email me the CRB check today to double check I’ve not missed anything on there. Where it says court it simply says “ 1st instance and preliminary investigation number “.

I’ve changed address once since 2016 but that was at the end of last year and nothing had come through to my address at all.

I took earlier advice and got in touch with ‘advocates abroad’ and had a conversation with a solicitor based on Majorca. She has asked me to get the details of which court issued the fine from Disclosure Scotland and to email the details through to her with a copy of the CRB check. Then she will send me the email contact details of the court as well an email in Spanish to be sent to the court so they can send me details of how to pay the fine, and then after I’ve paid it hopefully this will be over and I can go on holiday without worrying about spending time in a cell.

I can’t explain how I ended up with these convictions, other than there has been a horrendous mix-up in the notes the police took and they’ve assumed I was one of the trouble makers rather than someone trying to offer assistance.

As previously mentioned, until the CRB check was carried out I had no idea whatsoever that this had happened to me and had I not had the CRB check done I’d still be none the wiser.

Chipmonk

That sounds like a positive move. Hopefully the Spanish lawyer will be able to get a speedy solution. Good luck

Gra76

This is what the CRB says, as you can see, no indication of which court it was.

Gra76

Thank you, I’m still waiting to hear back from Disclosure Scotland as to which court issued the fine, but once I have that I’ll send the details to the solicitor and hopefully she can help me further.

I’ve already been told I can’t contest the convictions as it’s so long since they were made. I’ll just have to live with them and explain the same story again and again to anyone that sees them. Not ideal but much cheaper and realistic than going back to Menorca to even try and contest them.

Lesson for the day: don’t try and be helpful when it comes to Spanish police… 🙈

Chipmonk

Reading the important part looks like a translation from a Spanish relevant document which can often mean aspects of detail are not clear. Again your Spanish lawyer will be able to clear all that up.

bobd22

Certainly a step forward getting the advice and help from advocates abroad. Interesting wording from the disclosure it may be as has been said that something has got confused with translating from the legal document into English. Good luck getting it sorted as you say 300 euros will at least allow you to get on with your life. Post to and from Spain can he a nightmare at best of times. Twice recently I have waited weeks and weeks for an important letter to arrive eventually after 6 weeks 2 months contacted the senders to re send what I required again which invalidates what I was waiting for, only for next post the dam thing turns up. Or the Christmas card I sent to a friend in S Africa which took over 2 years to arrive lol. Good look at least you have got the right help from what you say and bringing the matter to a close.

cermignano

This is such a sad catch 22 situation. You could pay through the nose for a dragged out case or pay the fine, about which you have no choice. But paying it means admitting to the crime, which are serious charges. This will stay on Disclosure forever and bar you from many jobs. There must be somebody who can help you?

Gra76

** UPDATE **
Afternoon all, hope you're all well. I've finally got another update on this utterly ridiculous farce.

After spending literally months sending dozens of emails trying to get to the bottom of things, I got an email this morning from the court in question which reads as follows:

"Buenos días, hemos revisado sus expedientes y tiene pendiente de pago 175 euros en concepto de indemnización en el expediente EJECUTORIA 15/2017. La multa ya ha prescrito así que no tiene que pagarla. Deberá de realizar una transferencia al BANCO SANTANDER en la cuenta número:"

I very roughly translate that to:

"Your fines have expired, you need to pay 175 Euros in compensation into our Santander account" or at least I hope that's what it says

I've now also got copies of the court documentation which I've sent through to the solicitor I used on Advocates Abroad for them to have a look at and let me know how I pay the 175 Euros

My worry is the court documents appear to suggest I have to serve 1 day locked up for each 2 days I didn't pay the fine (which I didn't even know I'd been given) as the fine hadn't been paid in a set time. (Blame Google Translate if I've got that wrong!)

Looks like I'm finally getting things sorted out at last. What a mess...

growinspain

From what I have heard, spanish prisons are not to bad...

Glad it seems sorted and you can pay back society.

Gra76

I'd rather not find out if they're bad or not if I can avoid it at all!

I've just had a response from my solicitor and she's said that I can choose whether or not I want to pay the 175 Euros compensation as it's compensation for the victim rather than a fine. If I don't pay it, the only way they can get it is if I open a Spanish bank account or have any Spanish assets. I don't have either and don't plan to so I don't see why I should pay compensation for something I didn't even do.

I'm just trying to clarify now with the solicitor if I'll be likely to spend any time locked up if I go back to Spain seeing as the original court fines have expired. If not then it's over and done with as far as I'm concerned, and it's been a long time in coming.

Gra76

Finally looks like it's sorted out. It appears that because the fines have expired, so has the likely cell time, so with a bit of luck there's nothing that can be done now. I'm half tempted to book a couple of weeks off work and get on the cheapest flight possible to see if the coast is clear, so to speak. That's a huge weight off my shoulders if it's true.

scrubbedexpat142

Saw something recently about an American who was refused entry to Italy due to a "misdemeanor" committed in France while serving in the US military, 20 years previously. I don't think it went to court, it sounded like the military spirited him away back to the US at the time. Nevertheless it was on record & he was refused entry to Schengen.

Pulaski

I suspect that, irrespective of the legal situation in Spain, about which I know nothing, circulating the information of your "conviction" under the circumstances you described ([1] you didn't actual commit any offence, and [2] you were convicted in your absence and [3] you weren't even notified of any hearing and had no opportunity to consult a lawyer), may be considered libel under the law in the UK. Whether or not you think it is worth a consultation with a solicitor in the UK, to head off any future issues, is something that only you can decide.