Arrested or in prison in the USA
This guide provides information about being arrested in the USA and what conditions are like in prison there.
Contacting the British embassy or a consulate
The British embassy and consulates in the USA can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer.
Family and friends can contact:
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the nearest British embassy or consulate in the USA
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the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British Embassy Washington DC
3100 Massachusetts Avenue, NW
Washington DC 20008
Telephone: +1 (202) 588 6500
British Consulate General Atlanta
100 Peachtree St. NW Suite 310
Atlanta GA 30303
Telephone: +1 (404) 954 7700
British Consulate General Boston
One Broadway
Cambridge MA 02142
Telephone: +1 (617) 245 4500
British Consulate General Chicago
625 N Michigan Avenue, Suite 2200
Chicago IL 60611
Telephone: +1 (312) 970 3800
British Consulate General Houston
1301 Fannin Street Suite 2400
Houston TX 77002
Telephone: +1 (713) 210 4000
British Consulate General Los Angeles
2029 Century Park East, Suite 1350
Los Angeles CA 90067
Telephone: +1 (310) 789 0031
British Consulate General Miami
1101 Brickell Avenue, Suite N-1900
Miami FL 33131
Telephone: +1 (305) 400 6400
British Consulate General New York
1 Dag Hammarskjold Plaza, 885 Second Avenue
New York City NY 10017-6927
Telephone: +1 (212) 745 0200
British Consulate General San Francisco
1 Sansome Street, Suite 850
San Francisco CA 94104
Telephone: +1 (415) 617 1300
Find a lawyer in the USA
You should carefully consider getting a local US lawyer. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to the USA).
Private lawyers
Check the list of local lawyers if you want to appoint your own private lawyer. Ask the British embassy or your local consulate if you need a paper copy.
Legal aid
If you cannot afford or choose not to appoint a private lawyer, the court will appoint a public defender (defence lawyer) for you.
What happens when you’re arrested in the USA
You can be arrested and taken to a local police station:
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because of an existing arrest warrant
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where there are grounds for issuing an arrest warrant
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if you’re caught in the act of performing a crime
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if it’s expected you’ll leave the country to escape justice
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your identity cannot be confirmed
The police must tell you:
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why you’ve been arrested
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your rights
Do not sign any documents unless you understand them.
Your rights
You have the right to:
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remain silent
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appoint a defence lawyer of your choice or ask for the help of a duty defence lawyer (called a public defender)
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have the British Embassy or local consulate made aware that you’ve been arrested
How long you can be held for
As a criminal defendant, the sixth amendment US Constitution guarantees your right to a speedy trial. This means you must be tried for alleged crimes within a reasonable time after you’re arrested.
The Constitution does not say what a reasonable amount of time is. State law typically sets out these limits, and the time period differs from state to state.
Generally, if you’re placed in custody, your speedy trial rights typically require the prosecutor to decide within 72 hours which charges, if any, will be filed. Many states follow this 72-hour limit.
Going to court
The authorities will normally schedule your first court hearing (often called the ‘first appearance’) within about 2 days of arrest. You’ll learn more about your rights and be formally charged.
The court will schedule your arraignment. An arraignment is a formal reading at court of a criminal complaint telling you of the charges against you. Arraignments are often scheduled 2 to 6 weeks from the date of arrest.
At arraignment you’re expected to enter a plea. Acceptable pleas vary, but they generally include:
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guilty
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not guilty
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no contest
If you plead not guilty, the court will schedule your case for trial.
If you plead guilty, the court may sentence you immediately or bring you back for sentencing later.
If you plead “no contest/nolo contendere”, you admit no guilt, but the court can decide your punishment.
The state may offer you a plea agreement or bargain to avoid trial. This is very common in the USA. About 90% of all criminal cases end in a plea bargain.
Defendants can enter into plea bargains by which they give up the right to go to trial and agree to be convicted. You should be guided by your lawyer on what accepting a plea bargain will mean for you.
Being put on remand
You may be put on remand. This means you’ll be put in a local jail while you wait for the criminal investigation and trial to finish.
How long you can be on remand depends on whether you have been charged.
If you have not been charged, the police or jail should generally release you with 72 hours. This time can vary depending on the state you’re in.
Once you’re charged, and if you do not post bail (sometimes called ‘bond’), you may have to stay in jail until your trial ends.
Bail
In many cases, the law allows the jail to release you before trial if you promise to appear in court when required. This promise is called ‘bail’ or ‘bond’.
To be released on bail, you must put up money as a guarantee you’ll continue to show up for all the court proceedings.
A judge may decide whether to offer bail during your first hearing (often called the ‘first appearance’). If you cannot pay the money (‘post bail’), the judge will order you remanded to jail until after the trial.
If another state, county or agency (such as the US Immigration and Customs Enforcement Agency) places a ‘hold’ or ‘detainer’ on you, you probably will not be released even if the full amount of the bail is paid. This is because the agency that placed the hold has the final decision on whether you’re released.
Bail money can be deposited through the jail or through a bail bond agent (a private company licensed by the state). Bond agents often charge 10% of the bail amount.
The court may place restrictions on you if you’re bailed, including restrictions on travel. If you do not appear in court as required, the court will issue a warrant for your arrest, and any bond money will be forfeited. US arrest warrants do not expire.
The British Embassy or consulate cannot transfer bail funds for you.
Arriving at a jail or processing centre
When you’re arrested, the police will book you into the system at a processing centre or local jail. You’ll be searched. They will record your personal details, including your:
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name
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date of birth
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place of birth
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address
The police will take your photo (‘mug shot’) as well as your fingerprints. In some places they will take a DNA sample. This could be in the form of a mouth swab.
As you’re a British national, the police should tell you that they will inform the British Embassy or consulate. Some facilities will allow you to make a call to us at this stage. You should be allowed to call a friend or family member.
Once you’re checked in, the process varies depending on the facility, but you may be taken to see the medical unit before being taken to the cells or the dormitory. If so, tell the doctor about any medical conditions you already have.
Personal belongings
Your property will be bagged and kept in storage with a full list of items recorded ready for when you’re released. In many jails, you’ll be made to change into a jail uniform, and your personal clothes will be kept in storage with your property.
Arriving at prison
You’ll normally stay in county jail until your trial finishes. If you’re convicted, you’ll usually be transferred to a state prison. Federal offenders are detained in federal facilities, but the process is much the same.
When you arrive at prison, the booking in process is like that of a jail. Often, new inmates are kept apart from other prisoners to allow behaviour assessments, which can influence where you’ll be assigned.
You should get an inmate handbook and be given the name of your classifications officer and how to contact them. A classifications officer is a member of staff at a prison who acts as an inmate’s main point of contact.
Visits from family or friends
There are large number of jails and prisons in the USA, and the visiting policies vary amongst them. Visitation rules can also depend on your security classification and the offence you were convicted for. Most facilities have websites explaining their visitation rules.
You’ll likely get an inmate handbook explaining local procedures and visitation information. In most cases, friends and family will need to be listed as approved visitors on your file. Your classifications officer can arrange this.
You, your family or friends can ask your lawyer, or the prison directly, about the rules.
How many visits you’re allowed
The number of visits you’re allowed depends on the facility. Check with your classifications officer. Visits from a British consular officer do not count towards your allowed number of visits.
What visitors can take with them
Your visitors will generally not be allowed to give you anything, although each facility is different. Check your inmate induction pack or speak with your classifications officer if you’re in doubt.
Your visitors should make sure that they have the appropriate form of identification and dress appropriately. Facility websites provide information for visitors.
Visits from British Embassy or consulate staff
You may request a visit from British Embassy or consulate staff. You can write to us at any time about issues you’re concerned about. You can also contact us by telephone.
Money
The British Embassy and consulates cannot give you financial assistance.
Money transfers from family or friends
Transferring money to detainees in the USA can be a complicated process. If you’re having difficulties, contact your case officer in the Foreign, Commonwealth & Development Office (FCDO) for detailed guidance on how to send funds to your specific facility. You’ll get a case worker after you’ve contacted the British embassy or one of the consulates.
Prison accounts
Most prisons offer ‘commissary accounts’. Family and friends can add money to these. You can use your commissary account to buy items such as extra food and toiletries.
How to make a complaint about mistreatment
The British Embassy or consulate can help if you have been mistreated or abused and will take all complaints seriously. Tell us first if you decide to make a complaint. We will ask your permission before taking any action.
The British embassy or your local consulate will tell you about any local complaints procedures and available support organisations. With your permission, and where appropriate, we may also be able to raise your allegations of torture or mistreatment with the authorities.
Your trial in the USA
The British embassy or local consulate cannot interfere with the USA’s judicial system. It cannot ask for your case to be judged more quickly just because you’re British or ask the authorities to waive any penalties.
Crimes have varying levels of seriousness. They may be called a misdemeanour (less serious) or felony (more serious).
At a trial the facts of a case are presented to a jury in a court of law. They jury decides if you’re guilty or not guilty.
It can take a long time for cases to be brought to trial. If the charge is serious, it is not unusual for it to take more than 18 months, and you may stay in jail while you wait for a court date.
Depending on the court, you may be sentenced immediately or may return to court several weeks later to be sentenced.
Criminal cases generally fall into one of 3 different jurisdictional categories:
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federal
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state
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county
Federal criminal cases
Federal charges normally involve a crime that “crossed” state lines (physically, electronically or otherwise), such as drug trafficking or money laundering. The Federal Bureau of Investigations (FBI), Drug Enforcement Administration (DEA) or another federal agency often make the arrest.
The US Marshal’s Service generally detains you. Your case is heard in the federal district courts. Before your trial you’ll be detained at a county jail where the federal authorities rent beds, or at a federal detention centre.
After sentencing you may be transferred to a federal detention facility anywhere in the USA. Your family and friends can track your location using the Federal Bureau of Prisons website.
State criminal cases
Most US states have their own prison systems, which are often sub-divided into major institutions, annexes, work camps, work release centres and road prisons throughout the region.
States will often have their own terms for detention facilities and each can be different. You’ll be classified into these different facilities based on your needs and your custody (security risk).
You can often be transferred to another facility anywhere within the state for reasons such as overcrowding or gang activity.
County criminal cases
County inmates are held at a county jail, detention centre or corrections department (name of the facility varies across the US). Your case is heard in the court of the relevant county.
The county’s sheriff’s office or a private corporation may operate jails.
Detention and trial of young people
Juvenile cases are those involving young people under 18, and a specialised department that only handle minors manages them. This department also operates a court system, but these do not always follow the county court pattern.
Juveniles are normally first detained at a juvenile assessment centre (JAC) before release to a parent or guardian. If they need to stay in detention, they’re moved to a juvenile detention centre (JDC).
Juvenile cases use different language than adult cases. Juvenile defendants are not arrested. They’re taken into custody for committing a ‘delinquent act’, which would be called a ‘crime’ in the adult system.
In the juvenile justice system defendants, do not have a trial. Instead, there’s an ‘adjudication’ in front of a judge. If the judge decides the juvenile committed the act, they’re adjudicated ‘delinquent’, rather than being found guilty.
Sentences
If you’re found guilty, you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can tell you what or how long your sentence might be.
If you’re sentenced to 365 days or fewer, you’ll normally serve your sentence in a county jail. If you’re sentenced to 366 days or more, you’ll serve your sentence in a state or federal prison – depending on the type of conviction you have.
Making an appeal
You can appeal the final judgment of a lower court to the next higher court only once. The total number of appeals depends on how many courts are ‘superior’ to the court that sentenced you.
There are important differences in the rules, time limits, costs and procedures depending on whether the case is in federal court or state court (each state has its own rules).
Filing a ‘notice of appeal’ is the first step in the appeal process. An appellate court cannot adjudicate a case if the notice is not properly filed in a timely manner. You or your lawyer must file the notice within a definite time, usually 10 days in criminal appeals.
The period within which to file usually starts on the date the lower court files a final judgment. Discuss this with your legal team if you want to appeal.
An appeal is automatically filed on behalf of prisoners convicted of capital felony crimes (for example, sentenced to death).
Prison conditions in the USA
Prison conditions vary between facilities but generally facilities in the USA are comparable to those in the UK.
Letters and packages
Your inmate handbook will give information on what mail and parcels you can receive and any restrictions that apply (for example, no staples). The facility’s website should also have information on this.
Stamps and stationery
You may be able to buy stamps and writing paper in the commissary. Often, extremely poor (‘indigent’) offenders (or those with less than $5 in their trust fund) may ask for correspondence supplies. Rules for getting postage stamps or paper vary by facility.
Checks on your mail
Prison authorities are likely to open and read your mail unless it’s from a legal source, like your lawyer.
Telephone calls
Your inmate handbook will give information on the telephone services available at your facility. You may need to buy a telephone card and register the numbers you plan to call.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in the USA.
Health care is provided for offenders who have medical, dental, psychiatric and psychological problems. Also, physically handicapped offenders receive services through Assistive Disability Services (ADS). Your health needs will be assessed when you enter prison.
Basic medical services including emergency care, sick call and ongoing care for chronic illness are usually offered at each unit. Licensed medical professionals provide health care.
If you need special care, you may be sent to a unit which provides the specific service needed. If you need hospital care, you may be sent to a hospital which serves your facility.
In some states, if you ask for a health services visit, you’ll be charged an annual fee (for example, $100), unless you’re extremely poor (‘indigent’). The fee covers all the health care visits you request for one year. It will be taken from your commissary account. You’ll get health care services regardless of your ability to pay this fee.
Generally, you will not be charged a fee for:
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an emergency or life-threatening situation
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follow-up services recommended by the health care staff
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chronic care (including communicable diseases such as HIV, AIDS and TB)
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prenatal care
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health screening and evaluations related to the diagnostic and reception process
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health care services necessary to comply with state law and regulations
Drug and alcohol addiction
Most prisons in the USA have a programme for prisoners with a drug or alcohol addiction. Discuss this with the prison doctor.
Mental health care
Talk to the prison psychologist or doctor as soon as possible if you feel you need treatment for your mental health. For example, you have depression or anxiety.
The prison may be able to make recommendations about adjustments for psychological issues.
Food and diet
You’ll get 3 meals a day that meet nutritional requirements. You can also buy food at the commissary at your own cost.
Special diets
Some facilities can cater to specific menus – for example, no meat, religious diet, low fat or low sodium.
Work and study
If you’re eligible, most prisons offer work and study options. Inmates in segregation for disciplinary offences or those sentenced to death, may not be allowed to work or study.
Often, there is a waiting list for work positions due to high demand. Types of work and study available vary depending on the facility. Wages can be $1 per day or more.
Exercise and leisure activities
Access to recreation time varies according to the facility and your security level, but you should be offered some access to recreation in all locations.
The opportunity to join in leisure facilities (for example, hobby classes, art and music groups) varies by facility and will be in your inmate handbook.
Clothing
You’ll get a prison uniform to wear.
Mobile phones
You’re not allowed to have a mobile phone.
Transferring to another prison
You should speak to your classifications officer about the best way to apply for a transfer.
Transferring to a prison in the UK
If you want to apply for a transfer to the UK, ask your classifications officer for the paperwork. You’ll need to submit your application through them.
Any British national who has been sentenced and is serving their time in a federal or state prison can apply to the International Prisoner Transfer Program (IPTP). County jail inmates cannot apply, as their sentences are less than 12 months long.
To be able to transfer, you must:
- be a British national or have close family ties with the UK
- not be awaiting trial or the outcome of an appeal – criminal proceedings against you in the USA must be finished
- normally have at least 6 months of your sentence left to serve before applying
- have been convicted of an offence that is also considered to be a criminal offence in the part of the UK you want to transfer to
- have no outstanding fines or non-custodial penalties
Your application package will be forwarded to the International Prisoner Transfer Unit at the US Department of Justice where it will be processed and a decision to approve or deny the transfer will be made.
If you’re a state prisoner, your transfer application must be approved at both the state and federal levels. If the state does not approve the transfer, the United States Department of Justice cannot considered it. Many states do not approve transfer requests.
Both the US and UK authorities must agree your transfer. If the US Department of Justice approves the transfer, your application will be sent to the relevant authority in the UK (Ministry of Justice in England and Wales) for a decision.
If both countries approve, you must formally agree to the transfer at a ‘consent verification hearing’. At this hearing you’ll also be ordered deported. The UK and US authorities will pay administration costs of the transfer, but you must agree to repay the cost of the airfare.
If you’re transferred to the UK, you’ll complete your sentence under UK laws and procedures, including rules on parole and conditional release.
Transfer applications can take up to 18 months to be approved, but in some cases it can be longer.
There is no guarantee of approval. Many applications are denied each year, mostly by US authorities.
Early release
Parole
If you get parole, it means you’re released before your sentence is finished. The authorities do not have to grant you parole. Parole has conditions you must agree to follow. These will include agreeing to serve the rest of your sentence under the Parole Division’s supervision.
Who can get parole varies from state to state and will depend on the crimes for which you have been convicted. Your prison inmate handbook should have detailed information. You should also be able to find this information in the prison law library.
Reduction of sentence (remission)
Reduction of sentence (remission) rules vary by state. Your inmate handbook and the law library at your prison will have further information.
Clemency or pardon
Clemency or pardon rules vary by state. Generally a parole board will review your clemency or pardon application and make a recommendation.
Clemency or pardon boards consider each application on its own merits. They often have strict rules to follow.
Pardons are generally referred to the governor of the state where you’re in prison. If you’re unsuccessful, you may have to wait a year or more before you can reapply.
Release and deportation
You can contact the British Embassy or consulate if you need help when you’re released. You’ll usually be deported.
As a British national, you may have an immigration hold on your file. This means the US Immigration and Customs Enforcement Agency (ICE) will detain you once you complete your criminal sentence. You’ll stay in ICE detention to face deportation proceedings.
ICE may move you to a detention facility anywhere in the USA, either to an immigration detention facility, or a county jail where ICE rents bed space. This applies regardless of how long you have been in the US, whether you have a green card or if you have family in the USA.
A judge will formally order you deported at a deportation hearing. The wait for a hearing takes 2 to 6 weeks on average.
If you want to fight deportation, you’ll need to get an immigration attorney. Your case may take some time to be heard, and there is no guarantee that you’ll be released from custody during this time.
Flights to the UK
ICE will organise and pay for your deportation flight.
Getting a passport
Make sure your British passport is still in date. Contact the British Embassy or consulate before you’re released if you need an emergency passport for your journey home.
Tracking people held in US prisons
Some local jails and US states allow people to track prisoners through Vinelink.com. This service allows crime victims and others to get information about criminal cases and prisoners’ locations.
State prisons also have their own websites with inmate locators giving more information on convictions and release dates.
For federal prisoners, the Federal Bureau of Prisons find an inmate service gives the prisoner’s current location and their expected release date. It does not give any information about their conviction.
For prisoners in immigration custody, the Online Detainee Locator System gives the prisoner’s current location and the contact details of the immigration office dealing with their case. It will not give any other information.
Useful US legal terms
| Term | Meaning |
|---|---|
| Appeal | A request for a higher court to review and change a decision made by a lower court. |
| Arraignment | A court hearing where a person is formally told what crimes they’re accused of and asked whether they plead guilty or not guilty . |
| Bail bond | Money that acts as a promise that someone who has been released from jail will come back to court when they’re required to. If they do not attend court as scheduled, the money is lost and paid to the court. A bail bond is often simply called a bond. |
| Bar association | An organisation for lawyers that helps regulate the legal profession and set professional standards. |
| Capital case | A criminal case where the accused person could receive the death penalty if convicted. |
| CBP | Customs and Border Patrol - A government agency responsible for managing borders, customs checks and immigration at ports of entry. |
| Citation | An official notice that tells a person about criminal charges against them and may require them to appear in court or pay bail. |
| Classifications officer | A member of staff at a detention facility who acts as an inmate’s main point of contact. They may have other titles, including case manager or deportation manager. |
| Docket | The official court record that tracks documents, hearings and actions in a case. The term can also refer to a court’s schedule of hearings. |
| DUI | Driving under the influence (drunk driving). |
| Extradition | The legal process of transferring a person to another state or country where they’re wanted for prosecution or to serve a sentence. |
| Felony | A serious crime that is usually punishable by more than one year in prison. |
| ICE | Immigration and Customs Enforcement |
| Indigent | A person who does not have enough money to pay court fees or legal costs. |
| Misdemeanor | A less serious criminal offence that carries a maximum sentence of one year in jail or less. |
| Nolo contendere (no contest) | A plea where a person does not admit guilt but accepts conviction and sentencing as if they had pleaded guilty. |
| Parole | The early release of a prisoner after serving part of their sentence, subject to supervision and certain conditions. |
| Plea bargain | An agreement in which a person accused of a crime agrees to plead guilty, often in exchange for a lesser charge or a lighter sentence. |
| Probation | A sentence that allows a person to remain in the community instead of going to jail or prison, provided they follow certain rules and are supervised. |
| Public defender | A lawyer appointed by the court to represent someone who cannot afford to hire their own lawyer. |