What To Do if You’re Charged With a Crime While Traveling Abroad

A criminal charge abroad can shake your sense of control faster than almost anything else. By understanding the steps to take and securing legal representation from local or U.S.-based criminal defense attorney, you can start regaining control in a complex and unpredictable process.

Understanding Whose Law Applies

When citizens of one country travel abroad, they are subject to the laws of the country they visit. U.S. law generally does not apply abroad. This means you cannot rely on being a U.S. citizen to exempt you from local criminal laws, and ignorance of the law is rarely accepted as an excuse.

In addition to foreign laws, some U.S. laws are written to apply to U.S. citizens and permanent residents while outside U.S. borders. These include laws pertaining to anti-terrorism, drug trafficking, bribery, sexual exploitation or abuse of minors, and sex trafficking.

Extradition and Dual Criminality

In some situations, the country where a traveler is located will detain the person and arrange for them to be sent to another country for prosecution or punishment. This could be a foreign country sending a traveler back to their home country, or the home country sending a traveler back to the foreign country where the crime occurred. This is called extradition. It isn’t automatic and is only possible when permitted under treaties or law.

Some criminal activity is punishable in both the traveler’s home country and the country where they committed the crime. This dual criminality can impact extradition.

The Role of Your Embassy or Consulate

The Bureau of Consular Affairs under the U.S. Department of State protects U.S. citizens abroad. However, the embassy or consulate does not supersede the host country’s legal authority.

What the Embassy/Consulate Can Do

A primary function of the consulate is to provide support. At the traveler’s request, the officers can notify loved ones and emergency contacts back home. During this contact, they can advise on next steps. This includes providing a list of legal resources, visiting the detainee to monitor treatment while in custody, and helping secure an interpreter.

What the Embassy/Consulate Cannot Do

The consulate has no legal authority to order or pressure a local court or police to release you. Their role is diplomatic, not judicial. They cannot override or nullify local arrest warrants or judicial decisions.

The consular staff cannot represent you in court, negotiate plea deals, argue your case, present evidence, examine witnesses, or file legal motions on your behalf. In some countries, consular visits during detainment may be subject to local governmental or judicial approval, which might be withheld or delayed.

While there are exceptions, the embassy will generally not cover the cost of your legal fees or fines imposed by local courts. Emergency financial help (loans or advances) is highly conditional, must often be repaid, and is typically reserved for extreme cases.

Finding a Criminal Defense Lawyer in Another Country

Hiring a local attorney who knows and understands the country’s criminal laws and procedures is essential. They can help foreign clients understand the law enforcement investigation process, what evidence is accepted in court, and how to appeal.

A local criminal defense attorney knows customary legal practices, judicial etiquette, and cultural expectations, which can affect how your case is handled. They can navigate language barriers, translation requirements, and communication with local courts. Having a lawyer will give you access to legal advice about rights, as they are likely different from those afforded in the United States.

One place to start is with the U.S. Embassies and consulates. These facilities maintain a list of attorneys willing to work with U.S. citizens. These lists typically include contact information, areas of specialization, and sometimes language capabilities. Embassies do not endorse or guarantee particular attorneys; they serve as a resource.

Other options are seeking out the country’s bar association, if they have one, or a directory that lists international-friendly lawyers. If possible, you could have a U.S. attorney help you understand local law and liaise with your local lawyer. U.S. attorneys may help gather documents, advise on international law/treaties, or help translate and prepare evidence.

Prioritize lawyers who have handled cases for non-locals. Ask about previous cases similar to yours. Ask for the lawyer’s license number, disciplinary history, and whether they are in good standing with the local bar or regulatory body. If they are from a country with bar association directories, check them.

Common Pitfalls

Foreigners can be targeted by “consultants,” “notarios,” or “helpers” who claim legal credentials but aren’t licensed. Have a conversation about potential fees and costs before hiring a lawyer.

Additional associated costs may include translation fees, document legalizations, courier fees, and interpreter fees. Remember that miscommunication can create serious legal issues. Legal terms do not always cleanly translate. Avoid hiring an attorney solely based on urgency, pressure, or panic.

Navigating the Legal System

U.S. citizens’ most common mistake is assuming that foreign laws and judicial systems work the same as in their home country. This is not the case.

Law enforcement agencies may have different procedures for investigating cases and accused individuals. A longer detention, limited bail, or fewer self-incrimination rights could exist. A criminal case can proceed with completely different phases. The trial may or may not have a jury of peers, a limited evidentiary presentation, and a different self-advocating potential.

Punishments for specific crimes could be harsher. There could also be a limited ability to appeal a conviction and penalty.

The Consequences of a Foreign Conviction

The consequences can be immediate when accused of a crime in a foreign country. Travelers could face jail or prison time. Sometimes, the conditions of confinement are harsher than in the United States.

Pretrial detention can be lengthy, with bail opportunities limited. Significant financial penalties could be imposed and property seized. Courts may mandate community service, probation, or other local sanctions.

Even if you avoid jail time, the foreign government may deport convicted travelers after conviction. They could also ban the individual from reentry to the country for years or permanently.

Cross-Border Consequences

Local authorities may impose travel restrictions on the person, preventing them from leaving the country while under investigation. Additional legal or procedural complexities may arise that extend the duration or conditions of confinement.

A foreign criminal conviction can have consequences back home and on future international travel. Some countries require a criminal background check or disclosure of convictions before allowing entry.

A foreign criminal record may lead to refusal of visas, refusal of entry at the border, or systematic exclusion. Countries like Canada, Australia, and many countries in the EU have strict entry requirements. Expungement or a pardon in a foreign country may not remove the conviction from the individual’s criminal history for immigration purposes.

U.S. Repercussions and Immigration

If you are a non-citizen or permanent resident, a foreign conviction may impact your U.S. legal or immigration status.

U.S. Citizenship and Immigration Services (USCIS) may count foreign criminal convictions as convictions under U.S. immigration standards if they match the definition of a crime under U.S. law. A foreign conviction may trigger deportation or removal if classified as an “aggravated felony” or falls under other deportable categories under the Immigration and Nationality Act (INA).

Criminal history is a factor in assessing “good moral character,” which is required for naturalization. Some crimes may automatically disqualify an applicant. Green card holders may face removal or status revocation upon conviction of deportable crimes. Non-citizens may be placed into removal proceedings based on criminal grounds, even if the conviction occurred abroad.

What To Do After Conviction

Moving on with life after a conviction requires careful planning. Begin by gathering certified copies of the court judgments, sentencing documents, transcripts, and translations of all documents. Get clear records of whether the conviction was appealed, vacated, pardoned, or modified.

Consult with a lawyer at home to determine if the foreign conviction will impact your immigration status or visa application. An attorney can assess if there are remedies (waivers, pardons, post-conviction relief) that might mitigate the impact. They can advise on potential rehabilitation opportunities that could help with immigration authorities.

Be ready to explain circumstances, mitigation, and subsequent behavior. When filling out U.S. visa, green card, or naturalization forms, fully disclose the foreign conviction (even if it seems minor). Nondisclosure can be treated as fraud. If you have future international travel plans, consult with your attorney to confirm your travel eligibility.

Find Legal Help

A criminal charge abroad can have lasting consequences. Quick and informed legal action can make all the difference. An experienced attorney can work with local counsel to protect your interests and pursue the best possible outcome.

Visit the Super Lawyers directory today to connect with a trusted criminal defense lawyer who can help.