These legal options remain open to José Serrano after his detention at El Encuentro

José Serrano’s return to Ecuador could give his defense a new argument against his pretrial detention, but it does not automatically justify his release. Lawyers say the defense can ask the court to review, replace or revoke the measure if circumstances have changed.

Criminal lawyer Lenin Guerra said the defense must present new facts, evidence of previously unverified circumstances, or proof that the reasons behind the detention no longer exist. If Serrano’s absence from Ecuador contributed to the original decision, his return could be offered as a change in circumstances.

That argument has limits. Guerra said Serrano’s arrival after deportation does not, by itself, eliminate a possible flight risk. The judge must assess whether the circumstances that supported detention have actually changed.

José Cárdenas Llerena, a criminal lawyer at IUS Firma de Abogados, said a review may also be requested when new evidence undermines the need to keep Serrano detained to ensure his appearance in court. He added that an appeal may no longer be available if the detention order has already been challenged and upheld.

The defense could also seek habeas corpus through the constitutional courts. That remedy is intended to protect liberty when a deprivation is allegedly illegal, arbitrary or illegitimate. The lawyers said the action could be filed if those conditions are claimed, but the competent judicial authority would still have to examine it.