Legal Assistance with Arrest Abroad

Legal procedures and the administration of justice varies considerably across the globe as we have been made painfully aware by recent cases highlighted in the press. Many people travel abroad and find themselves facing conflict with the police for various reasons; it may be that an individual did not realise that the police in the country they are in would take such a strong stance against their behaviour, many European countries do not tolerate some types of behaviour that is commonplace in the UK. A person may not consider what they were doing was illegal. Also, the rights automatically expected in the UK in such circumstances are not necessarily extended or even available in some countries. However, not recognising that an activity is illegal in the country you are in is no defence.

Whilst it may seem blindingly obvious there are some activities that should be avoided, visiting tourists regularly carry out actions that they should recognise are illegal and likely to be highly provocative. Defacing highly recognisable historic buildings is a sporadic occurrence, from spray painting the Colosseum in Rome to carving your name on 3,500-year-old bas-relief in the Luxor Temple in Egypt together with jumping into fountains where signs expressly warn you not to. However, no less a person than Sir Christopher Wren, the architect of St. Paul’s Cathedral in London, defaced the ancient monoliths of Stonehenge by carving his name in a standing stone. 

Drunkenness and drug use account for a large number of the arrests in European countries together with violent assault and there is considerable variation in how drug offences are regarded. In Italy possession of drugs with intent to supply attracts a prison sentence of six to 20 years together with a fine anywhere between €26K to €260K; whereas in Spain, the sentence is three to six years. The highest penalties being reserved for people caught with substantial quantities. 

If you are arrested abroad do not make your situation worse with further poor behaviour regardless of whether you believe you have been arrested without just cause. The situation should be taken seriously and the best course of action is to contact a lawyer that speaks your language immediately so that you are fully aware of the situation and do not find that you have inadvertently accepted responsibility for something you did not do. The extremely experienced criminal lawyers in the Giambrone team have had impressive achievements recently in that they have managed to successfully avoid the predicted custodial sentences in several open and shut cases where the guilt of the defendant could not reasonably be disputed, however, our legal team was able to demonstrate mitigating factors resulting in alternative sentences and our client(s) were able to return home. Giambrone also has the advantage of having offices throughout Italy as well as in Spain and other countries which avoids delay if immediate action in an overseas court should this be necessary.

Despite the fact that there are around 6,000 British citizens in detention across the world it is still only a small minority of travellers who find themselves living in their worst nightmare in a foreign prison when they fall foul of the law whilst overseas; with lawyer by your side, even if you are in a difficult position, your situation is considerably better than without legal representation. 

If you would like further information about assistance with an arrest abroad please click here.