What to Do If You’re Locked up Overseas
The pandemic has swept the world and many American travelers are stuck living or traveling abroad. And when protests erupt around the world, stranded Americans may feel called upon to participate in local demonstrations, which could lead to their arrest. Here’s what to do if you find yourself behind bars in a foreign country.
What Can Get You Legal Trouble Abroad
It is important to have a general understanding of the types of behavior or speech that can lead to being sent abroad. It seems like going to jail should be a serious offense. However, you can go to jail for anything if you are not careful. Some examples:
- Chewing gum (Singapore)
- Speeches against foreign government / royal family
- Dress modestly in holy places or in countries with modest clothing
- Driving in flip flops (Spain)
Check your local laws
Before traveling, it is important to clearly understand what is and is not allowed in the country you are traveling to.
On a trip to Egypt, a taxi driver told me that people are not allowed to speak out against the government or government officials – as a result, people are imprisoned for very long periods. Likewise, freedom of speech is not as free in China as it is in the United States. Better understand the local rules of warfare as well as the processes of the justice system in the country you are in before you face them.
In the United States, you are eligible for a “fast trial” under the 6th Amendment, and for nonviolent crimes, the judge may authorize you to release you the same day. However, in other countries, you may have to wait days, weeks, or months before your case is resolved.
Who to call
If you can do this, contact the US embassy or consulate located in the country in which you are located. This is simply to notify them that you are a US citizen in need of assistance. Unfortunately, the U.S. Embassy cannot:
- Help to declare your innocence
- We will give you any legal advice
- Get you out of jail
- Help pay legal fees
- We will provide you with legal advice
Typically, the embassy or consulate will provide you with a list of local lawyers you will need to contact yourself. These lawyers usually speak English if you do not speak your native language. Give them as much information as possible about your current circumstances so they can run while you’re locked up.
Here are other ways they can help:
- Contact family / loved ones with your written permission.
- Give an overview of the lawsuit in this country.
- If necessary, try to confirm that the prison authorities will provide you with adequate medical attention.
- Make sure you can associate with the proper religious clergy of your choice.
For more information on what help you can expect from US government agencies overseas, visit the Department of State website .
Participation in protests abroad
About 10 million Americans have emigrated to live in countries outside the United States and may have felt the need to participate in the protests. As mentioned, countries outside of the United States may have different rules or laws, and protesting may result in you being locked up overseas.
- Register for the Smart Traveler Enrollment Program (STEP) before you travel to help the U.S. Embassy connect with your loved ones.
- Always keep a copy of your passport with you.
- Have the contact information of a local lawyer handy.
Check out the individual rules for countries around the world by going here.
Violations that will send you back to America
In extreme cases, if you commit a crime overseas, you may be sent back to the United States for prosecution. This process is known as extraterritorial jurisdiction.
According to Miedel & Mysliwiec LLP, these crimes include:
- Conspiracy to commit a crime in the United States
- Attempting to commit a crime in the United States while living abroad
- Theft of federal property abroad. Counterfeiting American money or counterfeiting federal documents abroad
- The murder of a foreign citizen abroad in order to facilitate a criminal enterprise within the country
- Money Laundering: Receiving illegal money and using various channels to disguise the origin of money and its illegality.
Be vigilant to know when your visa expires, when your passport expires, what local laws are, what is considered criminal or immoral, and always treat countries, people and their rules with respect.