How to Deal with Being Framed in a Foreign Country
Contact your nearest embassy. If you are stopped or arrested while traveling in a foreign country the first thing you should do is contact your embassy. If you are traveling in a foreign country that has ongoing diplomatic ties with your home country, there should be one or more embassies in the country where you are traveling. The embassy is usually in the capital city. In some cases, there may be embassies in other large cities around the country as well. In France, for example, the U.S. has embassy offices in Paris, Marseilles, Bordeaux, Lyon, Rennes, Strasbourg and Toulouse. It would be smart, when traveling to a foreign country, to research ahead of time where the nearest embassy will be. Take along the address and telephone number for contacting the embassy, just in case of emergency. The embassy is the diplomatic office of your country's ambassador to that foreign country. Embassy officials work to form diplomatic ties between the two countries, to assist travelers, and to provide aid in times of emergency.[1] X Research source
Get contact information for a local attorney. The officials at the embassy should be able to provide you with a list of local attorneys who are
willing to help travelers.[2] X Research source Be sure to inform the embassy officials about the charge against you, as much as you understand it. Ask about referrals to attorneys who practice that sort of law, and who speak your native language. You should ask your contact at the embassy to help you in reaching a local attorney, and for advice about the local legal system. Embassy staff are generally trained in the customs and laws of the local country. Ask your embassy connection to help identify the kind of legal practitioner you need. Different countries use different terms, like "attorney," "lawyer," "barrister," "solicitor," or "notary." Find out what qualifications you need in a lawyer for your situation.
Choose the best qualified attorney for your case. When you have received referrals to one or more attorneys, you will want to talk with them to make your selection. You need to ask the attorney about his or her qualifications, and make sure that he or she can provide the kind of representation that you need. Try to find someone with experience dealing with the kind of charges that have been issued against you.[3] X Research source In making your decision, make sure that
the attorney you choose is someone with whom you can communicate and is someone you can understand. Be sure you understand the payment expectations. You need to discuss with any potential attorney the fee for his or her services. Make sure that you understand when payment is due and the form of payment that is required. Finally, make sure that you and your attorney have the same understanding about the amount of work that will be covered by the payment.[4] X Research source
Ask your attorney to explain the process. In addition to negotiating and handling your case, you will need your attorney to help you understand the legal system in a country that is unfamiliar to you. Figure out the charges against you. If you did not already understand the charge against you from the arresting officers, work with your attorney to find out. Try to understand exactly what you are alleged to have done, and when and where the event allegedly occurred. Ask your attorney about the legal system in the country you are in. In many countries, for example, a defendant is considered to be innocent until the government (police and prosecutor) can prove guilt in court. But in many others, there is a
presumption of guilt, which the defendant must rebut.[5] X Research source Work with your attorney to understand the possible penalties. If, for example, you are charged with something that only has the possibility of a monetary fine, it may be advantageous just to pay the fine and put the matter behind you, even if you did not commit the crime. That could save you from extended legal fees and the possibility of being held in a foreign country against your will.
Work with your attorney to prepare for trial. Help your attorney review any evidence against you. Even though you may claim that you have been framed, the local police must have some evidence to support their arrest. Work with your attorney to review that evidence. Tell your attorney everything about your travels, so that he or she can try to establish an alibi for you.[6] X Research source Prepare for trial with your local attorney. Trial systems are different from one country to another. You will need to rely on your local attorney and his or her advice regarding trial preparation. Assist as much as possible with developing a case strategy, an alibi, and any other defenses that you can.
Attend the trial. Do your best to
appear professional and respectful. You may claim that you have been “framed” by the charges against you, but you must treat the system as respectfully as you can. Work with your attorney and the local officials to present the best case that you can. Your case may have a jury or may be tried directly to a judge, depending on the legal system in that country.[7] X Research source If you do not yet already know, you should learn how to speak and understand some phrases in the native language for courtroom etiquette. Practice such phrases as "Yes, your honor," "No, your honor," or whatever the judge is called. Have your attorney prepare you in the customs of the courtroom, when you will stand, sit, respond, and so on.
Explore the possibility of immunity. Depending on the country where you are traveling, and your reason for being there, you may explore whether some form of immunity might apply to you. Talk with officials at the embassy and with your local attorney about this idea. If you can argue that immunity should apply, then you may be released right away.[8] X Trustworthy Source US Department of State Official website of the U.S. Department of State Go to source Immunity is a
complicated topic, with a range of different levels of coverage. In short, it means that national diplomats, their staff, and their families cannot be prosecuted for crimes in a foreign country. Higher level diplomats and staff members have higher levels of immunity. If you believe you may be covered, you should notify local law enforcement officials of your position, and talk with the embassy staff to help make your case.[9] X Trustworthy Source US Department of State Official website of the U.S. Department of State Go to source
Find out if you can be extradited or deported. As an alternative to proceeding with the criminal trial process, your attorney and your embassy might work together to make a deal to have you leave the country. This could be either as an extradition or deportation. Being extradited generally means that you will go back to your home country and potentially face the same criminal charges there. You will still have to prove your innocence, but at least you could do it in your own country.[10] X Research source Alternatively, you might suggest deportation.[11] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the
naturalization and immigration systems Go to source The country with the charge against you may consider this a victory because it gets rid of you.
Make a human rights plea to be released. You could have your attorney, your embassy, and even people back at home make a plea for your release and return on human rights grounds. This will depend on the charge against you, the level of evidence, and the potential punishment. The more severe the punishment, the more relevant a human rights plea might be.[12] X Research source A noted example is the case of Otto Warmbier, a student from the University of Virginia, who was tried and convicted in North Korea for the crime of "subversion," when he took down a propaganda poster. He was sentenced to 15 years in prison. Immediately following the sentence, American diplomats and the organization Human Rights Watch condemned the sentence and tried to have Warmbier released.[13] X Research source
While traveling in a foreign country, suppose you suddenly find yourself in police custody and are being charged with a crime that you did not commit. You need to be prepared to take steps to represent yourself, get a lawyer, and try to prove your innocence. Simply repeating, “But I didn’t do it” probably will not work. You do have some rights and some ways to proceed to deal with this situation.