Introduction
An arrest a demonstration of catching and arresting an individual (legitimate insurance or control), generally in light of the fact that the individual has associated with or noticed perpetrating a wrongdoing. In the wake of being arrested, the individual can addressed further and additionally charged. Therefore, an arrest is a method in a criminal equity framework.
Also, police and different officials have forces of the arrest. In certain spots, a resident’s arrest allowed; for instance in England and Wales, any individual can arrest “anybody whom he has sensible justification for suspecting to carry out, have perpetrated or at legitimate fault for carrying out an indictable offense”, albeit certain conditions should met prior to taking such action. In addition, Similar forces exist in France, Italy, Germany, Austria, and Switzerland if an individual trapped in a demonstration of wrongdoing and not willing or ready to deliver substantial ID.
In addition, a defense against the maltreatment of force and, numerous nations necessitate that an arrest should made for a completely supported explanation, like the prerequisite of reasonable justification in the United States. Moreover, in many majority rules systems, the time that an individual can confined in care somewhat short (much of the time 24 hours in the United Kingdom and France and 24 or 48 hours in the United States) before the kept individual should either charged or delivered.
The U.S. Privacy Act
The Privacy Act of 1974 (Public Law 93-579) enacted to protect U.S. citizens against the unauthorized release of information about the government. If you want us to notify your family or friends about your arrest you must first give us written permission to do so.
The Embassy/Consulate will not inform any person of your arrest without your permission. Even if your family or friends find out by other means, we will be unable to discuss your case with them without your permission. Although we routinely report to the Department of State in Washington on the condition of American prisoners in our consular district, the Department of State does not release this information to individuals without your permission.
These files maintained primarily for the purpose of providing protection and assistance to U.S. citizens abroad and not for law enforcement purposes. While there is no automatic or mandatory dissemination of information in consular files to other agencies, we can release specific information to other agencies that have a legitimate interest in such data. Consequently, for legitimate law enforcement purposes in the U.S., the appropriate law enforcement agency in the U.S. may be notified[1].
What we can do and cannot once arrested.
We can:
- Provide a list of local attorneys who speak English
- Contact family, friends, or employers of detained U.S. citizens, with their written permission
- Visit the detained U.S. citizen regularly and provide reading materials and vitamin supplements, where appropriate
- Help ensure prison officials are providing appropriate medical care
- Provide a general overview of the local criminal justice process
- Inform the detainee of local and U.S.-based resources available to victims of crime
- Make sure prison officials allow visits from clergy of religious preference, if desired
- Establish an OCS Trust so friends and family can transfer funds to imprisoned U.S. citizens, when allowed under prison regulations
We cannot:
- Get U.S. citizens out of jail overseas
- Make a statement of guilt or innocence
- Provide legal advice or represent U.S. citizens in court overseas
- Serve as official interpreters or translators
- Pay legal, medical, or other fees for U.S. citizens overseas
What to do if you are arrested or detained
- Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
- If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.
If you believe your rights were violated
- Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
- If you’re injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish[2].
[1] https://in.usembassy.gov/u-s-citizen-services/arrest-of-a-u-s-citizen/
[2] https://www.justice.gc.ca/eng/rp-pr/other-autre/wyntk.html
