Running afoul of the law in a foreign country – It can happen to anybody!

What happens when a citizen of the United States is arrested in another country? First the citizen can be very confused about the procedures of the police and the courts. Also what is a crime in another country may be acceptable in the USA. The law has little to do with what is right or wrong and it doesn’t depend on what is moral or immoral.

While in a foreign country, a U.S. citizen is under the authority of that country’s laws and regulations which sometimes differ significantly from those in the United States. Persons violating the law, even unknowingly, may be expelled, fined, or arrested.

While I was vacationing in Italy I enjoyed their fantastic ice cream, gelato. I quickly learned that it is an offense in Florence to eat or drink while sitting on church steps or within a church courtyard or eating near public buildings. The Italian police just asked us to move or to throw our food away. They could have arrested me and required a large fine. I guess that would be bad for tourism.

In many countries public observance of any religion other than Islam is prohibited, and it’s an offense to import Bibles into many countries. In some Moslem countries tourist have been arrested and placed in jail for public displays of affection – kissing, hugging, and holding hands.

One of the most important jobs of the Department of State and U.S. embassies and consulates abroad is to provide assistance to U.S. citizens who have been incarcerated in other countries.

Our consulates visit the prisoner as soon as possible after they have been notified  of the arrest. They also provide a list of local attorneys to assist the American citizen in obtaining legal representation. The consulate gives information about judicial procedures in the foreign country. A representative of the U. S. government may also attend the trial.

The consular officer cannot demand the immediate release of a U.S. citizen arrested abroad. They can’t represent a U.S. citizen at trial, give legal advice, or pay legal fees or fines.

The United States can help it’s citizens abroad because of certain international treaties. The Vienna Convention on Consular Relations sets out what foreign representatives are allowed to do to help their nationals.   This means that if the U. S. government can help her citizens who are arrested abroad then foreign nationals are entitled to their government’s help if arrested in this country.

I just returned from Houston Texas. The Mexican Capital Legal Assistance Program sponsored a program for attorneys who represent Mexican Nationals. I was one of twenty-one attorneys from across the nation luckily enough to be chosen to attend this conference.

I learned many interesting things while I was there. I knew that Mexico didn’t have the death penalty. I didn’t know that a confession to the police of Mexico could not be used against the defendant in their court system.  There are so many differences between our system and that of other countries.