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1. What
services can the American Embassy provide American Citizens arrested
in Dominican Republic?
Upon request, an American Consular Officer will
visit you as soon as possible after your arrest and furnish you a
list of local attorneys, from which you may wish to obtain legal
representation. You ordinarily cannot retain an attorney or appear
in court during the evening or on weekends or holidays. However,
another American officer will visit you as soon as possible to allow
enough time for your selected attorney to appear in court on your
behalf.
A Consular Officer may also protest any
mistreatment, and make sure that your rights under Dominican law are
fully observed.
2. Who can the Embassy contact on your
behalf?
At your request, we will contact any family or
friends you wish notified of your request by collect telephone
call. Under the Privacy Act we cannot, if you are over 18 years of
age, release any information regarding your case without your
specific authorization.
3. What services can the American Embassy
not provide?
The American Embassy cannot get you released
from jail. Under Dominican law, release on bail is permitted. In
most cases, the detainee is brought before the Investigating Judge (Juez
de Instrucción) one or two days after his/her arrest, who will
decide if the person needs to continue under detention pending
further investigation. If bail is granted, the American Embassy can
help you to contact family or friends to obtain the funds necessary
for bail.
The American Embassy cannot represent you
legally nor appoint others to do so. Furthermore, a consular
officer is prohibited from acting as an intermediary in financial
transactions or acts of a fiduciary character. We can help you
contact your selected legal representation.
4. Do I have a right to an attorney?
An attorney plays a vital role in the
Dominican judicial process. According to Dominican law, a detainee
is entitled to have an attorney present during any questioning, as
well as at any of the hearings or trials. If the detainee cannot
afford to have an attorney, the government will provide a public
defender upon request.
The defendant’s attorney should facilitate
bringing the case promptly to trial, pressing for a favorable
sentence, paying any applicable fine and ultimately securing the
final permission for release. The attorney may arrange police
escort for a defendant to and from the hearings. If necessary, the
attorney also arranges for the services of an interpreter at the
trial. The attorney’s intervention is often essential in delivering
the defendant’s documents from one office to another, completing
necessary local bureaucratic steps, and pressing for scheduling of
court appearances. Prior to entering into an attorney-client
relationship, the defendant should confirm the role of his attorney
with respect to his case.
Accordingly, a defendant should exercise
great care in the selection of one’s attorney. A defendant should
be wary of attorneys that engage in flattery, extravagant claims and
innuendo. Some Americans have ignored these warnings and have
suffered inadequate defense and/or excessive fees as a result.
5. What if you need funds for legal fees or
fines?
If someone needs to send you funds for any
legal fees, fines, or other expenses the State Department encourages
you to use commercial services, such as Western Union, which are
generally faster than the State Department transfer system. Western
Union services are described at
www.westernunion.com or 1-800-325-6000.
Funds can also be sent to you by family or
friends through State Department channels. The person in the U.S.
sending money should contact the Citizens Emergency Center (OCS/EMR),
Department of State, Washington, D.C., at (202) 632-5225. The
Citizens Emergency Center office will tell them the fastest way to
transfer funds from a U.S. bank to the Dominican Republic. As soon
as the Citizens Emergency Center receives the funds in Washington,
it will send the Embassy a priority telegram. Once this telegram is
received locally, the Embassy can release the funds in Santo
Domingo. More information can be found at
http://travel.state.gov/travel/tips/brochures/brochures_1224.html.
6. What services can the Embassy provide
to persons incarcerated in the Dominican Republic?
A consular officer
regularly visits long-term prisoners. The Embassy typically
provides vitamins and reading material for prisoners. Additionally,
the Embassy attempts to resolve any medical or other serious
problems. The Embassy can protest mistreatment or abuse to the
authorities and relay requests to your friends and family.
It is important to
remember that Dominican prisons do not provide all the amenities of
prisons in the United States. Dominican prisons are generally
overcrowded. Budget allocations for necessities such as food,
medicine, and transportation are often insufficient. As a result,
many prisons supply only basic necessities. Depending on how long
you are going to be incarcerated, you should consider making
arrangements with friends or family to have money, food and other
necessities delivered to you. Although prison regulations require
that prisoners have access to medical care, the standard of care
varies widely. You should therefore consider making your own
arrangements to be seen by a doctor or dentist. If you are unable
to obtain appropriate medical care you may advise Consular employees
of your medical problems and they will try to help you obtain the
care you need.
Revised: April, 2006 |
