Someone in your family has been arrested abroad
In the first days the family is the only party able to act, and almost always does the wrong things in the wrong order. The three that matter: establish exactly where the person is and who is handling the case, get a locally qualified lawyer appointed, and gather the documents that will support an application for release. Everything else can wait.
The information that is actually needed
Every hour spent gathering these five items is worth a day of phone calls later.
| Item | Why it matters | Where it comes from |
|---|---|---|
| Country and city | Determines the competent authority | Anyone who was present |
| Date and hour of arrest | Every deadline runs from it | The person, or witnesses |
| The force that intervened | Identifies the station holding them | Witnesses |
| The alleged offence | Sets what is at stake and the timetable | Officers, or any paperwork |
| Any document handed over | Names the authority and the file number | Whoever was present |
If a search took place, the copy of the record left behind is the most valuable document a family can hold. Photograph it and keep the original.
Appointing the lawyer
Whether a relative can appoint the defence lawyer depends on the country. Italy allows it expressly: a close relative may appoint for a person under arrest until they do so themselves. Several other systems accept an appointment made by the family and then confirmed by the person; others require the person's own signature.
Where the family cannot appoint directly, they can still instruct a lawyer to attend, identify themselves to the authority and obtain the person's confirmation at the first meeting. That is faster than waiting for a phone call that may not come for days.
Start gathering these now
Release, wherever it is decided, turns on the same handful of things. They take days to obtain and are needed in the first week.
- An address where the person could stay, with the written agreement of whoever lives there and proof of the property or lease.
- Employment: a contract, a letter from an employer, or a written job offer.
- Family ties: marriage or birth certificates, school records of children, anything showing roots.
- Medical documentation, if there is any ongoing condition or treatment.
- Financial documents, if legal aid may be applied for.
- Identity documents and, where relevant, residence permits.
Have anything not in the local language translated early. A document produced late is worth much less than the same document produced at the first hearing.
Money, visits and contact
Rules differ everywhere, but the pattern is constant: cash is not handed over directly but paid into a prison account; parcels have limits of weight and content set by each institution; medicines are never sent by the family but reported to the prison health service; and visits require authorisation, from the court while the case is pending and from the prison later.
Ask the prison records office before travelling. Families regularly cross a continent to be turned away over a document nobody mentioned.
One difficult thing worth saying plainly
The person in custody is the client, not the family. Decisions about the defence are theirs, and information about the case is given to them. A lawyer who reports everything to whoever is paying is not doing the job properly, and in most European systems is breaching professional duties.
This surprises families and it protects the person. It is also why the arrangement works best when everyone understands it from the first conversation.
Frequently asked questions
Can I appoint a lawyer for my relative abroad?
It depends on the country. Italy expressly allows a close relative to do so. Elsewhere the appointment may need the person's confirmation, which a lawyer can obtain at the first visit.
What should I gather first?
An available address with written consent, proof of employment, documents showing family ties, and any medical records. These are what release applications are built on.
Can I send money and parcels?
Money goes into a prison account rather than being handed over. Parcels are subject to limits set by each institution, and medicines are reported to the prison health service instead.
Will the lawyer tell me everything?
The client is the person in custody. Information about the case belongs to them, and the lawyer reports to the family only with their consent.
If this happened in the last few hours
With a country, a city and a name, the search starts immediately. First contact is free and covered by professional privilege, at any hour including nights and holidays.