Dani Alves’ legal team presented an appeal on Monday for the player to be released on bail from pre-trial detention, EFE reported.
The Brazil international has been in prison since Jan. 20, when a judge ordered Alves to be jailed on remand after being charged with sexual assault.
Alves, 39, is accused of sexually assaulting a woman in a nightclub in Barcelona on Dec. 30.
His new legal team, ithout bailheaded by Cristobal Martell, presented a document of more than 20 pages stating that Alves is no flight risk, which is one of the arguments the Spanish judge based her decision to hold the former Barcelona player in custody.
The judge considered Alves’ financial means, that he resides abroad and that he has Brazilian and Spanish nationality as a potential flight risk.
Brazil does not have extradition agreements with Spain, which could increase the risk that an individual would try to flee from the Spanish justice and take refuge in his country of origin.
Alves’ appeal requests that the Barcelona court revoke the decision and release the player as the investigation continues.
The player is reportedly willing to accept less precautionary measures, including wearing a tracking bracelet if the court agrees to his provisional release.
A prominent attorney, Martell has handled cases of numerous celebrities, including Lionel Messi’s tax fraud in 2016.
Martell visited Alves on Friday at the Brians 2 prison in Sant Esteve Sesrovires near Barcelona, where he shares a cell with another inmate in a unit that houses mostly individuals linked to sexual crimes.
No date has been set for the trial.
The initial investigation was launched earlier this month but it wasn’t until the judge heard statements from Alves and the young woman on Jan. 20 that the player was remanded.
When basing her decision, the judge took into account the biological results carried out on the alleged victim, the surveillance cameras at the nightclub as well as the contradictory statements given by Alves.
A charge of sexual assault in Spain can mean anything from unsolicited and unwanted sexual groping to rape.
Liga MX club Pumas UNAM terminated Alves’ contract following his detention.
Alves has denied any wrongdoing.
