When a Relative is Detained Abroad: Family Emergency Response

Find Out What You Need to Know if a Family Member has Been Detained Abroad

Our lawyers assist families in the US when loved ones have been detained in other countries. Along with contacting the local US embassy or consulate, we can represent your loved one in criminal and immigration proceedings as necessary. Our lawyers have extensive experience handling cross-border legal matters, and we are prepared to take all necessary and appropriate legal action on your family’s behalf.

Attorney Nick OberheidenInternational Litigation Team Lead

We assist spouses and other family members when their loved ones have been detained abroad. American citizens may be detained abroad for a variety of reasons; and, if your loved one has been detained in a foreign country, understanding why will be critical for determining what to do next.

In this scenario, it is important to take action as soon as possible. While it may be possible to get your loved one released quickly, your loved one could also be at risk of being deported or facing expedited removal. Depending on the circumstances, facing criminal prosecution could be a possibility as well. Regardless of your loved one’s location, our lawyers can get to work immediately, and we can work with local authorities and US consular services as necessary.

Our US Lawyers Assist Families of Detainees and Prisoners Abroad

Our lawyers provide advice and representation for all types of cross-border legal matters. If a relative has been detained abroad, we can provide assistance on an emergency basis. While you should not expect that your loved one will receive special treatment, your loved one is entitled to be treated fairly in accordance with both local and international law. Our lawyers can help ensure that your loved one’s legal rights are observed, and we can provide advice, representation, and support going forward until your loved one’s cross-border legal matter has been resolved.

Examples of the services we provide for families whose loved ones have been detained around the world include:

International Treaty Matters – We handle matters involving all international treaties to which the United States is a party. If a foreign government has detained your spouse or relative pursuant to an international treaty, we can assist with seeking to have your loved one released from the government’s detention facility and then assist with securing your loved one’s protection going forward.
Immigration Cases – Individuals who have been accused of violating immigration laws can be held in detention centers pending court proceedings or the execution of a removal order. If your loved one has been detained in connection with an immigration enforcement case overseas, we can discuss your family’s options with you, and we can arrange for one of our lawyers to speak with or visit your loved one promptly.
Cross–Border Investigations – Several countries (including the United States) use Red Notices and other INTERPOL notices to identify and locate individuals wanted for criminal prosecution. If your loved one has been detained as a person of interest in a cross-border investigation, we can help. We have significant experience handling these types of cases, and we can advise and represent your loved one remotely or in person in this scenario as well.
Criminal Charges Under Local Laws – If your loved one is facing criminal charges in a foreign country, time is of the essence. Our law firm can engage a local lawyer who speaks the local language and who is knowledgeable about the local laws and court procedures to provide representation in court. Our lawyers will stay involved throughout the process, taking your phone calls and serving as your liaison with your loved one’s local counsel.
Consular Assistance – Our lawyers can also communicate with the US embassy or consulate in the country where your country is being detained. Embassies and consulates can communicate with US citizens’ friends and family members once authorized to do so, and they can assist with transferring money within the host country and other relevant matters. While you can find phone numbers for US embassies and consulates on the US State Department website, communicating effectively requires in-depth knowledge of all relevant laws and procedures.

Again, these are just examples. Regardless of the circumstances, if a family member has been detained overseas, we can help you feel confident in your decision-making, and we can provide legal representation for your loved one on an emergency basis. Whether your loved one is under arrest, has been detained pursuant to a removal order or INTERPOL notice, or has been detained on other grounds, our lawyers can work with the relevant offices and representatives in the US and abroad to protect your loved one and help facilitate a favorable resolution as quickly and efficiently as possible.

In certain circumstances, facing detention abroad can pose immediate legal risks. For example, if your loved one has been labeled a threat to public safety or national security, an immediate defense may be necessary. Local conditions (i.e., political instability and wartime activity) can pose serious risks as well. Our firm is prepared to do what it takes to protect your loved one regardless of the circumstances at hand.

Why to Choose Oberheiden PC

If your spouse or relative has been detained overseas, your choice of legal representation matters. Here are just some of the reasons why families across the United States choose Oberheiden PC:

We Are Prepared to Do What is Necessary to Protect Your Loved One – If your loved one has been detained overseas, writing letters isn’t enough. Our lawyers are experienced in handling complex international legal matters, and we can do what is necessary in light of the specific risks your loved one is facing. This includes contacting the US Department of State immediately to notify the government that your family member has been detained abroad.
We Have Extensive Experience in International Legal Matters – Our lawyers have extensive experience in international legal matters. This includes not only experience in private practice, but also prior experience at the US Department of Justice (DOJ). When you choose to pay for our law firm’s services, you can feel confident knowing that you have a team of lawyers with extensive experience working to protect your loved one.
We Handle Legal Matters Worldwide – Whether your loved one has been detained in a vacation destination or a war zone, we can help. We handle legal matters worldwide, and we represent international tourists, private-sector employees, government and military personnel, and other individuals.

FAQs: What to Know When a Loved One is in Prison Abroad

Can a US citizen who has been detained abroad be transferred to the United States?

American citizens who have been detained abroad can be transferred to the United States in some (but not all) cases. Prisoner transfers and other types of transfers generally require the consent of both countries involved. As a result, while Canada, the UK and other countries have transfer agreements with the United States, the viability of a transfer must be assessed on a case-by-case basis. The transfer process can be slow and complicated, so experienced legal representation is essential. With that said, while prisoner transfer applications may only be submitted after sentencing is final, transfers can be conducted earlier in some circumstances.

Can a US embassy or consulate help me if a family member has been detained abroad?

Embassy personnel and consular officers cannot interfere in local judicial processes or secure the release of individuals who have been detained abroad. They also cannot pay legal fees on a detainee’s or family’s behalf. It is also important to note that while your loved one can request consular assistance directly from local authorities and authorize embassy personnel or consular officers to communicate with you, privacy laws may still prevent officials from sharing certain information. These are just a few of the many reasons why it is important to promptly engage experienced legal counsel in this scenario.

How can I prove that my loved one is being subjected to wrongful detention in a foreign country?

Proving that your loved one has been wrongfully detained in a foreign country is a complex process that may implicate a multitude of laws and legal procedures. Crucially, prison authorities in foreign countries may monitor phone conversations and mail, so you need to be extremely careful when communicating with your loved one. Additionally, while you have the right to ask local authorities to notify US consular officials of your loved one’s detention (and many local authorities must inform detainees of their consular rights under the Vienna Convention on Consular Relations), consular authorities cannot assist with seeking to have your loved one released.

When can foreign countries seek the death penalty?

When (and if) foreign countries can seek the death penalty depends on both local and international law. If you are concerned for your loved one’s safety and wellbeing following an arrest abroad, you should contact a lawyer immediately.

Can I use my bank account to pay a lawyer to represent a loved one who has been detained overseas?

Yes, you can use your bank account to pay a lawyer to represent a loved one who has been detained overseas. Before you hire a lawyer, however, you should be sure to discuss all relevant costs, and you should be wary of any lawyers who promise to quickly get your loved one released for a large fee. No lawyer can make this type of guarantee, and you should not be forced to pay exorbitant legal fees in this scenario.

Speak with a Senior Lawyer at Oberheiden PC Today

To learn more about what we can do to help if a loved one has been detained abroad, contact us today. Call 888-680-1745 or send us your contact information online to arrange a free and confidential consultation as soon as possible.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources