What to Do if You Are Arrested Abroad

Learn What to Do if You Have Been Arrested or Are in Prison Abroad

If you have been detained by local authorities outside of the United States, you need to be very careful to protect yourself. Prosecution under the country’s local laws could lead to steep penalties, and you could face consequences under the country’s immigration laws as well. The lawyers at Oberheiden PC have extensive experience representing clients in cross-border legal matters and can address all pertinent concerns under the circumstances at hand.

Attorney Nick OberheidenInternational Litigation Team Lead

If you are a United States citizen and you have been arrested abroad, you need to take proactive measures to protect yourself. Different countries have different laws and legal procedures, and the risks you are facing depend on the law of the specific country in which you are being detained.

But, while the risks you are facing depend on the specific circumstances of your case, there are steps that US citizens can take in all (or nearly all) circumstances to protect themselves. From attending a bond hearing to seeking release from the detention center or foreign jail where you are being held, and from fighting expedited removal to fighting to avoid being convicted and sentenced in a foreign court, our lawyers can assist with doing everything possible to ensure that you do not face unnecessary and unwarranted consequences.

An Arrest in a Foreign Country Can Pose Various Risks

Since criminal convictions in other countries can have serious consequences for US citizens, if you are being held in a detention facility after an arrest abroad, you need to act promptly. Facing prosecution under the local legal system and in the local language could lead to a substantial sentence, and many countries prosecute crimes that are not prosecuted in the United States.

You could face immigration law consequences as a result of your arrest as well. While criminal convictions in other countries can lead to being deported, you could also face an immigration case without a conviction. An arrest on its own can be enough to trigger immigration proceedings (up to and including a removal order) in many cases.

Steps You Should Take After Being Arrested Abroad

With these risks in mind, if you have been arrested for an alleged crime abroad and are facing prosecution by a foreign government, you should:

1. Request to Notify the US Embassy or Consulate

After being arrested in a foreign country, you should immediately request for the U.S. Embassy or Consulate to be notified of your arrest. Consular relations can play a key role in many cases; and, in this scenario, there are various ways that consular staff may be able to help you. For example, along with providing general information about your legal rights and options, if you have health concerns or are in need of immediate protection, the local US Embassy or Consulate may be able to provide assistance or support in line with its foreign affairs mission and authority.

2. Give the US Embassy or Consulate a Number to Contact a Loved One

When you get in touch with the US Embassy or Consulate, you should provide a phone number so that consular staff can contact a friend or family member. If necessary, consular staff can assist with conducting a transfer of money so that you can cover your bail or any other costs you may need to pay under the circumstances at hand. If necessary, consular staff should be able to provide you with the number for a legal aid organization as well.

3. Exercise Your Right to Remain Silent

While different countries’ laws vary, visitors and immigrants who are being held in foreign jails and detention centers generally have the right to remain silent in most cases. When you are subject to prosecution in a foreign country, you should seek to avoid saying anything that could be used against you in legal proceedings or before an immigration judge.

4. Contact a US Lawyer Who Represents Clients Internationally

If you are found guilty in a foreign court, this could have serious consequences—both immediately and long-term. Along with facing fines, jail or prison time, and other penalties, having a criminal history can impact your immigration status and have other practical ramifications as well. As a result, it is critical that you seek legal representation right away—and you should hire a US lawyer who has experience representing clients internationally.

5. Make Sure You Know the Risks You Are Facing

While some countries’ legal systems are largely similar to the United States’ legal system, others are vastly different. If you have been arrested overseas, it is critical to make sure you know the risks you are facing. As discussed above, in many cases, these will include both risks associated with criminal prosecution and risks associated with immigration enforcement. Even if you are not convicted in criminal court, you could still be forced to leave the country—and potentially be banned from returning.

6. Carefully Evaluate Your Options

After consulting with your lawyer, you should carefully evaluate your options. You should thoroughly consider all relevant risks, and you should keep all pertinent timelines in mind as well. If you don’t act promptly, you could potentially lose the ability to protect yourself. As a result, while you need to ensure that you put all of your options on the table, you also need to avoid being indecisive and allowing your case to proceed without your involvement.

7. Make Informed Decisions About Your Next Steps

Regardless of the options you have available, you need to make informed decisions about your next steps. Once you have been arrested in a foreign country, making mistakes can prove very costly. With this in mind:

Do not sign any documents you do not understand after being arrested abroad.
Request an interpreter if you do not understand the local language.
Rely on your US lawyer’s advice to avoid mistakes that could compromise your situation.

Our lawyers are available to represent US citizens who have been arrested overseas. Regardless of where you are presently located, if you need to speak with a lawyer, we strongly encourage you to contact us right away. We can provide legal representation on an emergency basis, and we can communicate with local law enforcement officers and prosecutors, the local US Embassy or Consulate, and all other relevant authorities on your behalf.

FAQs: Protecting Yourself if You Have Been Detained Abroad

How can I notify family or friends that I have been arrested abroad?

Consular officials at the US Embassy or Consulate can inform your family of your arrest. Under the Vienna Convention, countries must allow consular access to foreign citizens who have been arrested or detained. While consular officials cannot arrange for prisoners’ release from local prisons, they can provide various other forms of assistance (though local authorities can limit consular assistance for dual nationals in some cases). Once you get in touch with the local Embassy or Consulate, its staff should be able to explain the types of assistance they are able to provide.

Alternatively, your US lawyer can notify your family or friends that you have been arrested abroad. Along with contacting the local US Embassy or Consulate, it is critical that you promptly contact a US lawyer who represents US citizens who are facing prosecution in foreign countries. Consular staff cannot provide legal advice or representation, so you need a lawyer who can advise you and take appropriate legal action to protect you.

Can I face the death penalty if I have been arrested overseas?

Dozens of countries have laws that allow for the imposition of the death penalty for certain crimes. If you are concerned that you may be at risk of facing the death penalty in a foreign country, you should speak with a US lawyer immediately.

Can I seek a transfer to the US if I am being detained in another country?

United States citizens who have been arrested abroad can seek a transfer to the US in some cases. The US, UK, Canada, and various other countries have entered into prisoner transfer agreements that call for transfers when warranted.

With that said, both countries must agree to a transfer in order for a prison transfer to occur, and transfer requests can take a long time to process. As a result, it is critical to ensure that you are thoroughly considering all of your options; and, again, this makes it imperative to contact a US lawyer who has experience representing clients in your situation right away.

Contact a Lawyer at Oberheiden PC Who Represents US Citizens Arrested Abroad

If you have been arrested in a foreign country, our lawyers can help, but it is important that you contact us right away. We handle all types of international law enforcement matters, and our lawyers have extensive experience representing US citizens in a wide range of scenarios. To speak with a lawyer at Oberheiden PC in confidence, call 888-680-1745 or tell us how we can reach you online now.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources