Staying Out Of Trouble

Even though you are a visitor, the U.S. laws apply to you. You must respect local laws, just as home. The U.S. police can be very strict and will enforce the law.

Try to stay out of trouble. Do not spoil your visit by acting foolishly. If you do get into trouble, ERDT will try to advise and assist you. However, you are obliged to take responsibility for any crimes or violations of law, which you commit. ERDT will verify with authorities that you are a participant on our program and can advise you on a course of action, but there are limits to the amount of legal assistance we can provide.

Program participants have the same rights as citizen if accused of a crime. You have a right to know the crime you are being charged with. However, ignorance of the laws is no excuse for breaking the law.

If You Are Arrested: Your Legal Rights

• You have the right to remain silent and to refuse to answer any questions.
• No person accused of a crime may be forced to confess or give evidence against themselves.
• You also have the right not to be searched unless the police officer has a search warrant authorizing the action.
• Most importantly, you have the right to be represented by a lawyer and to be provided with a lawyer if you cannot afford to hire one.
• If the court sets bail, and you pay it, you are entitled to be released from jail while awaiting trial.
• You are entitled to a fair trial conducted according to all the rules of evidence and court procedures.
• Above all, you are presumed innocent until proven guilty. You do not have to prove your innocence, but rather the prosecution must prove your guilt beyond a reasonable doubt.

For more information on the U.S. legal system, visit the United States Legal Information Center at www.wwlia.org.

What To Do If You Are Arrested

If you are accused of a crime, the best advice in most circumstances is to talk to ERDT or a lawyer before you answer any questions. Contact ERDT immediately or a lawyer before you answer any questions. Contact ERDT about the availability of free or low-cost legal services in your area. Each state has different laws. You may qualify for free or low-cost legal help.

• If arrested, you are allowed one phone call. Call ERDT at 800-321-3738 immediately. Please note, ERDT does provide emergency services, but most problems cannot be solved outside of office hours. During evenings and weekends your access to general legal and financial services will also be limited.
• Possible Police Procedures if You Are Arrested or Detained
• You could be charged, fingerprinted, photographed, and made to fill out paperwork
• You could be held in jail until bail bond is posted (see the sections “Legal Rights” this page and “Posting Bail”).
• See a court judge who hears preliminary details and drops charges or sets court date, within the next 30 days. Sometimes court dates can be set sooner, especially if you remind the judge that you are only legally able to stay in the U.S. during your program dates. Depending on the severity of the charges, you might not be able to leave the area before your court date.

Possible Results of Being Found Guilty of Charges

• You could be made to pay a monetary fine
• You may have to do community service
• Jail Time
• Deportation
• You may be denied a U.S. Visa for the rest of your life

Avoid Getting Into Trouble For:

• Underage Drinking (you must be 21 or older)
• Drinking Alcohol in Public Places
• Drug Possession
• Disturbing the Peace
• Disorderly Conduct (talking back to the police, etc.)
• Destruction of Property or Graffiti
• Shoplifting or Theft
• False Identification (using a fake I.D.)

Posting Bail

Whenever you are arrested and charged, a judge will decide on how much “bail” you must pay for your “release pending trial”. Bail is a deposit, which must be paid to ensure your appearance at the trial date. Your bail is determined by the severity of your crime. If you are unable to pay your full bail payment, “bondsmen” can be hired to cover this cost. ERDT can advise you on the procedures of paying your own bail, or if necessary, help you contact a local bail bondsman. ERDT cannot pay this bail for you.

Drugs

Illegal possession of controlled substances (drugs) in the USA is subject to prosecution by law. The penalties for drug possession vary from state to state. Any type of illegal drug use is very serious. You are subject to fine and possible time in jail for any drug possession or association with people who have drugs.

Please note: Marijuana is considered an illegal drug in the U.S.

Alcohol

Please be aware that you must be at least 21 years old to drink alcohol legally in the U.S. In many regions, you will be asked to produce one or more identification documents (with photo) to prove that you are over the legal drinking age. If you are under 21, and are found with alcohol, you may be arrested and subjected to fines. In addition, if you purchase alcohol for persons under 21, you can be arrested and subjected to fines. Many bars will only accept a driver’s license or personal identification card from the Department of Motor Vehicles, which states your age. Contact your state’s Department of Motor Vehicles for information on the procedure for obtaining an identification card. Drinking alcohol in public (i.e., outside a restaurant, bar, or your residence) is prohibited in most places, especially in beach resort towns. You will be subject to fines if you are found guilty.

Drunk Driving (DWI or DUI)

There is a strong national campaign to raise awareness of “drunk driving” and decrease alcohol-related traffic accidents in the U.S.. As a result, the enforcement of DWI/DUI laws has become very tough. Fines can be up to $5,000.00. To keep yourself and others safe, don’t drink and drive. Americans generally appoint a “designated driver” when going out with a group of friends. This person agrees to refrain from drinking alcoholic beverages and be responsible for keeping everyone safe by driving.

Local Law Enforcement

Unlike most countries, laws in the U.S. vary from state to state and even city to city. It is important to become familiar with and obey the local laws in the town or city where you are living to avoid any potential legal difficulties. For example, the permanent population of resort towns may be only a few thousand, but during the summer months the population may grow to more than 100,000. In an effort to maintain order, the local police often enforce minor laws. Local laws, which govern consumption, noise levels, and group gatherings can be strict. Your best source of information will be residents and U.S. students who are living in the town or city.

Smoking

As part of an intense anti-smoking campaign United States, tough measures provide a smoke-free environment. There are several national and regulations regarding smoking in public places. Smoking is banned on all domestic and international air flights. Smoking is restricted in many office buildings and restaurants, and usually prohibited on public transportation. Look around you before light a cigarette: “no smoking” signs are usually posted in a clear, visible location. If you are in someone else’s house and no one else around is smoking, ask what the rule is before you start smoking.