What To Do In A Legal Crisis While Traveling

Stepping on foreign shores is an exciting prospect, and in most cases, it’s an exhilarating experience. Unfortunately, traveling also has specific risks and dangers attached to it, due to customs and laws being unique from one country to another.

Facing legal problems and other types of serious situations in foreign soil can make things more complicated than it should be, mainly due to the language barrier. But don’t worry, you’re not completely helpless. Here’s what every traveler should do when facing a legal crisis overseas.

What Happens When You’ve Committed An Offense Abroad

First, you have to know what happens when you accidentally have a brush-in with the law.

Unfortunate things can happen while you’re travelling overseas. Even innocent actions like taking photographs, selling jewelries, or expressing your thoughts verbally may cause problems. You may have issues with a country’s specific laws and inadvertently disrespect their deeply held cultures or beliefs, causing you trouble.

When serious legal transgressions happen, you may be prosecuted under domestic laws or extradited and face a lawsuit in your country of origin.

How to Avoid Brush-Ins With The Law As A Traveler

To avoid having to face jail time while overseas, always be aware of the basic laws and regulations in your destination country. Read the visitors’ guidelines, especially in relation to the country’s customs, to avoid costly mishaps.

The United States has its Smart Traveler Enrollment Program (STEP) which citizens, whether traveling for short periods to another country or residing abroad, list their trip with the nearest US embassy or Consulate.

Once enrolled, citizens will receive information about the political situation, travel conditions, and classifications of the country you wish to travel to. A refresher on the dos and don’ts of your destination will also be provided.  Participating in the STEP can help a traveler be found and assisted better in cases of emergencies and crises.

Crimes aren’t the only reason for legal problems. Immigration laws are complex, and a prolonged absence in your mother country may cause you re-entry issues, especially with the COVID-19 pandemic.

If you’ve already been arrested and booked, here’s what you can do:

  • Call Your Embassy
    Once arrested, authorities should ideally inform your embassy or consular office about the incident. Requests for such privilege as international agreements give travelers the right to talk to their country representatives in such circumstances.
  • How Can Your Embassy Help When You’re Arrested?
    When a visiting foreigner is arrested overseas, the embassy can administer the following services to assist a citizen facing legal challenges:
  • Refer the arrested to with local lawyers, who may or may not be able to speak the language
  • Inform family and friends after obtaining your consent
  • Offer translation services
  • Visit you in the detention center to ensure that you’re not discriminated against
  • Check and ensure that you’re treated humanely
  • Seek relief on your behalf in cases of inhumane treatment and poor detention conditions
  • See if you’re provided access to medical care, in cases of medical emergencies
  • Provide you with a brief overview of the local judicial system
  • Transfer money and basic necessities from families and friends to the arrested

    Outside of legal issues involving crimes, people traveling to other countries can seek assistance from their embassy and consulate when emergency issues arise. Health emergencies, natural disasters, and locating missing persons are few of the main travel-related crises some visitors may face abroad.

  • What Are the Limitations?
    As you may have noticed, the embassy’s main responsibilities don’t include legal assistance. Under international law, consuls and embassy staff are prohibited from the following:
  • Administering legal advice, even if they’re lawyers or are familiar with the local laws
  • Post bail so you could be released 
  • Spend or pay for your legal fees
  • Ask for your release from prison 
  • Pay for your travel fees or provide transportation to send you back home
  • While they can refer a lawyer, they won’t be able to vouch for the competence of the latter or guarantee legal remedies
  • Ask Your Travel Insurance Provider For Referrals
    Travel insurance providers don’t cover legal assistance, just to be clear on that. But if you think you need a more competent lawyer or need expert US visa help in a jiffy, some insurance providers may be your best friend.Like embassies, they may be able to provide you with legal referrals. Some companies have a 24-hour hotline that you can reach anytime, anywhere.

The Bottom Line
The famous legal mantra ‘Ignorance of the law excuses no one’ couldn’t be truer when you’re in a foreign soil, where laws can range from unique to petty, just because you come from a country with a different culture or political situation.

Always read about your destination and respect traditions to avoid legal problems. Keep your visit enjoyable by doing what locals do best.