Getting arrested while traveling can quickly turn a relaxing experience into a legal nightmare. Whether it’s due to unfamiliar laws, cultural misunderstandings, or mistakes, the consequences can be severe. However, with a little planning and forethought, you can avoid some common scenarios. Here’s how to avoid getting arrested in unfamiliar territory and what to do if it happens.
- Contact a lawyer right away
No matter where you are or what happened leading to your arrest, your first task should be to contact a lawyer. If you’re still in your home country, contact a local attorney to get a consultation regarding your case. Although laws differ between states, the process should be straightforward. However, if you’re in another country, the process could be confusing and you might not have access to a lawyer right away.
In that case, ask what you need to do to secure legal counsel and contact the nearest embassy for support.
- Avoid traveling to locations with strict laws
The stricter the laws are, the harsher the punishments. When you have a choice, avoid traveling to countries with strict laws that seem easy to break accidentally. Sometimes careless actions or jokes can be serious crimes. For instance, an American named Otto Warmbier was studying abroad in China when his class took a three-day trip to North Korea. He was sentenced to 15 years of hard labor after being caught removing a propaganda poster of Kim Jong-il from his hotel. After 17 months, he was sent back to the U.S. in a coma and died a week later.
Another example is Singapore. There are fines and prison time associated with a host of actions that many Americans engage in daily, including possessing or chewing gum, smoking in public, eating or drinking on public transportation, and not flushing a public toilet. Some offenses – like vandalism – are punishable by judicial caning. Even stricter laws exist in Saudi Arabia, where you can be imprisoned for possessing alcohol, dancing, wearing shorts, taking photos of buildings, and more.
If you find it hard to remember new laws and break old habits, it’s best to avoid traveling to places with harsh punishments. As past cases have shown, they won’t have mercy on you for being a foreigner.
- Be prepared for future travel restrictions
Many countries will deny you entry for having a criminal record or being arrested at any point in time. If you travel to a foreign location and get arrested, you might not be able to visit again, even with a valid visa. Even Canada has strict entry requirements. For instance, if you’re traveling with an Electronic Travel Authorizations (ETA) and you’ve ever been arrested for, charged with, or convicted of a crime anywhere, you’ll need to apply for a visa.
Other countries have even stricter laws and will not admit anyone who has been convicted of violent crime, theft, drug crimes, and more. Sometimes you can plead your case, but you’re not guaranteed to succeed.
- Get travel insurance
The financial burden of getting arrested while traveling can be substantial. Between fines, legal fees, hiring a translator, and paying for other legal services, an arrest can drain your bank account. For instance, an American was arrested and detained for more than 100 days in Turks and Caicos for possessing stray ammunition in his suitcase. Several other Americans had been recently arrested for the same crime, which is a little suspicious. A judge finally ordered him to pay a $6,500 fine and let him go home.
This example sounds extreme, but you never know what might happen when you travel. If you’re going to travel to risky areas, get insurance that covers your legal fees if you need to defend yourself in a lawsuit. Typical travel insurance policies usually exclude criminal charges from their legal coverage, but you can get a separate legal protection policy.
- Don’t depend on embassies and consulates
While embassies and consulates can provide support, there are limits. For instance, U.S. consular officials can’t get you released or help with legal proceedings. They can only provide you with information on the legal system, give you a list of attorneys to contact, and help you contact your family. Although some authorities are required to contact the U.S. embassy when an American is arrested, that doesn’t always happen right away, so be prepared for delays.
Be cautious and aware when traveling
Traveling is exciting, but it’s important to be aware of your destination’s laws and customs so you don’t unknowingly violate the law. Avoiding risky behaviors can keep you safe and out of detainment. Remember, the consequences of getting arrested while traveling can extend far beyond your immediate situation, so proceed with caution.
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