Legal Question in International Law in California

dual citizen charged with crime

I am a dual citizen of both the U.S. and the British Commonwealth. I have been charged with a felony in California but didn't realize that I was entitled to representation from the British consulate (or am I?). What should I do? I just realized it today when a friend of mine mentioned that I am under the protection of the British Commonwealth. My lawyer doesn't know and nobody ever asked me. What do I do?


Asked on 2/22/04, 3:24 pm

1 Answer from Attorneys
Francis R 'Francois' Favre, Esq. The International Lawyer

Re: dual citizen charged with crime

Dual citizenship has its upsides but also its downsides. One of the downside, as far I understand it under US laws, is that if the US reconize your dual citizenship (which, I believe they don't - only France and Israel dual citizenship are reconized in the States!) your would be British citizen while in England and US citizen in the USA. Therefore you could not be protected by the US in England or protected by England while in the US. In any case, under US laws, and possibly any English-American treaties, if any, your foreign citizenship (whether you are dual citizen or not) is not a defense to any criminal proceeding brought by the US against you. I suggest that you get a good criminal attorney, in whatever state you reside, and defend the charge against you.

Good luck! FRF

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Answered on 2/23/04, 2:49 am


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