What Should You Do if You Are Arrested Abroad?

Here’s how to navigate this worst-case scenario.

When a couple from Michigan traveled to Cancun, they expected a relaxing vacation full of sun and sand. Instead, they found themselves sitting in a Mexican prison that their lawyer described as a “hell hole.”

The couple was arrested for allegedly defrauding a Mexican timeshare company, although the pair deny the charges. Regardless, their arrest was legal under Mexican law, and the couple needed to wait in jail while their case wound its way through the Mexican judicial system. This Michigan couple aren’t the only Americans who found themselves trapped in a jail cell in a foreign country.

The United States Department of State doesn’t publish data about how many Americans are arrested abroad each year. However, the number is likely in the thousands. Reasons for arrests abroad can include assault, drug offenses, and violations of local laws. Some travelers know exactly how they wound up in such a predicament, whether they started a brawl in a bar or got caught selling illicit pills. Others, including the five Americans who illegally brought ammunition into Turks and Caicos, wrongly assume that they had the same rights in other countries as they do in the United States and are baffled by their arrest.

In most countries, foreigners who have been arrested have some rights and can get help. If you find yourself in handcuffs instead of a swimsuit, don’t panic. Here’s what you should do next, according to experts.

The First Step

It’s natural to be frightened or angry if you get arrested far from home. That might be especially true if you don’t understand why you are being arrested or feel that your detention is unjust.

“The very first step, and the most important one, is to stay calm and not resist arrest,” advises attorney Lanny Tuchmayer.

Everywhere in the world, resisting arrest can aggravate the situation and lead to additional charges, he warns.

The rights you have or don’t have vary widely depending on where you were arrested and for what reason.

“The key thing to keep in mind is that local laws apply. You are subject to the local legal system, not your home country’s laws,” explains Michael Soud, an international attorney and co-founder of Travel Insighter.

Will You Be Able to Contact Your Embassy or Consulate?

Under the Vienna Convention on Consular Relations (Vienna Convention), foreigners arrested abroad have the right “to be informed without delay of their right to communicate with their consulate,” Soud says.

However, most of the time, the government won’t automatically inform an embassy that it has one of its citizens in custody. Instead, the person who is detained must specifically request that their embassy be notified of their arrest. Once someone in detention makes a request, they have the right to communicate with consular officials and receive visits from consular officers.

While not all countries follow the Vienna Convention, Soud explains that the vast majority of nation-states are signatories to the Vienna Convention, and even those that aren’t formal signatories follow similar consular practices as a matter of custom.

No matter what the reason is behind your arrest, it’s important to remember to exercise your right to contact your embassy or consulate. This advice rings true, even if you think you were arrested because of a simple misunderstanding and will be released soon, Soud adds.

What Can My Embassy Help Me With?

According to the United States Department of State, assisting citizens arrested abroad is one of their highest priorities. Once someone who has been arrested is in touch with a consular officer, they should be able to receive “important services such as notifying their family, helping them find legal representation and even advocacy under local law for equal treatment,” Tuchmayer explains.

He adds that consular officials’ power is limited, which is important to keep in mind. While they are a resource, they cannot interfere with the local legal process.

Do I Have the Right to an Attorney?

Although the Vienna Convention does not specifically provide the right to an attorney, Soud says most countries recognize the right to legal representation as a basic right. However, he cautions that “implementation varies wildly across the globe.”

For example, some countries provide criminal defendants with a public defender, but others do not. You should hire an attorney as soon as you can, Soud advises.

According to Soud, most consulates do not provide legal representation or legal advice. They also won’t cover legal bills. Consulates will usually provide a list of local attorneys if requested.

“You absolutely should contact a local attorney” because it’s important that you get a handle on your rights and local laws as soon as possible,” Soud says. “If you don’t, you may inadvertently get yourself into more trouble.”

For example, “In a lot of Western countries, silence generally cannot be used against you. This is why prevailing legal advice is to remain silent,” Soud says. He explains that in some countries, silence can be used as an admission of guilt.

Moreover, “Due process as we understand it in Western jurisdictions may not be followed in other countries,” Soud continues.

For instance, some countries allow local authorities to detain someone for weeks or months before bringing formal charges or allowing them to see a judge. A local attorney is crucial because they explain your rights and how the local legal system functions.

What if I Don’t Know the Local Language?

If you don’t know the local language, you should request an interpreter,” Soud suggests. Tuchmayer notes that the quality of interpretation varies widely. He cautions that local authorities may not take this request seriously.

“Using a layman or another detainee as a means of communicating could put you at risk should an understanding go wrong,’ he explains. If you find yourself in this position, ask your consulate or attorney to recommend a reliable interpreter, Tuchmayer says. You will probably be on the hook for paying the interpreter yourself.

Additionally, you may also be asked to sign documents in the local language, even if you don’t understand them. In some countries, your signature can be used as proof that you admitted to committing a crime, even if you can demonstrate that you did not know what you were signing, Tuchmayer warns.

“Absolutely do not sign anything without a proper translation,” adds Soud. “If you are forced to sign anything, note in your language that you don’t understand the document.”

Even if you do know the local language, proceed with caution, Soud advises. If you know the words for “embassy” or “lawyer,” that can be useful, he says. However, even if you know the local language well, Soud advises against speaking to the arresting authorities before meeting with your consulate or a local attorney.

“We often hear anecdotes in the travel community about people trying to speak to officials in the local language, but too often, the conversation will be used against them,” even if they aren’t completely fluent and are misunderstood, he says.

What Else Should You Do?

Soud recommends “making a note of how you’re being treated, the timeline, and the names and titles of officials.”

If you believe you are being subject to torture or inhumane conditions, your consulate may be able to advocate for you, Tuchmayer says.

Even if you follow every recommendation, local authorities will still remain in control of what happens. Exercising your rights and proceeding with caution can help ensure you are treated fairly and that the process runs as smoothly as possible.