U.S. Laws

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

It is important to note, even though marijuana use is legal in certain states, under state law, it is still ILLEGAL under federal law. J-1 Participants should not consider that they are safe from law enforcement, just because they are in Colorado, nor that they are exempt from workplace drug testing.

In the United States, the legal drinking age is 21. Participants that are under the age of 21 and are found with alcohol may be arrested and subject to fines. In addition, purchasing alcohol for persons under 21 is illegal. Drinking alcohol in public areas is also illegal in many places. You may be subject to fines if:

• You are under 21 and are found with alcohol
• You purchase alcohol for persons under 21
• You drink alcohol in public areas (drinking alcohol in public is prohibited in many parts of the U.S.)

Many bars, restaurants, and liquor stores will only accept a driver's license or identification card from the Department of Motor Vehicles as proof of age. Contact the Department of Motor Vehicles for information on the procedure for obtaining an identification card.

Do NOT drive a car if you have been drinking alcohol, and do not get into a car if the driver has been drinking. Find safe and sober transportation. Not only is your safety in danger if you drive while intoxicated, but DWI/DUI laws are very strict. Having the keys in the ignition, even if the car is not in motion, is subject to DWI/DUI laws as well. You might have to pay up to $5,000 or go to jail if found guilty of DWI/DUI. Americans often choose a "designated driver" when going out with a group of friends. This person agrees to not drink alcoholic beverages and drives the rest of the group to and from their destination.

Americans are much less tolerant of smoking than people in other countries. It is illegal to smoke in many public places, so look around before lighting up. No Smoking signs are usually posted in a clear, visible location. Smoking is restricted in office buildings, restaurants, and public transportation, among other places.

Other examples of illegal activities include:

• Theft or stealing of any kind
• Cashing a check in another person's name
• Using personal information such as an ID number, social security number, or credit card number of another person to open a bank account or buy items
• Any type of assault, such as fights or sexual harassment.

It's important to remember that if you break any US laws while you are on your program, you will have to pay significant fines and/or go to jail and it might be very difficult to be released and AHA will be forced to immediately terminate our sponsorship of your visa and you may be prevented from visiting the U.S. in the future

Program participants have the same rights as U.S. citizens if accused of a crime:

• You have the right to know the crime you are being charged with.
• You have the right to remain silent and to refuse to answer any question if you so choose.
• No person accused of a crime may be forced to confess or give evidence against themselves.
• You have the right not to be searched unless the police officer has a warrant.
• Most importantly, you have the right to be represented by a lawyer, and to be provided with a lawyer to represent you if you cannot afford to hire one.
• You are entitled to be released from jail upon posting of a bail bond (money paid to ensure that the person reports for trial) set by the court while you await 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.

If you are arrested

If you are arrested, you are allowed one phone call. It is important that you call AHA at 305.395.8881 to notify us of your situation. We will update your representative and your parents in your home country immediately. Please let AHA know the name and contact information of the jail that you are being held in, what the charges are against you, and the date of your court hearing. AHA is in direct and constant communication with your employer and with your representative in your home country, who is in communication with your parents.

If you are accused of committing a crime, the best advice in most circumstances is to talk to a AHA staff member before you answer any questions regarding charges. AHA can advise about the availability of free or low-cost legal services in your area.

If Arrested, the Following May Happen:

• You may have to fill out paperwork.
• You could be charged with a crime and fingerprinted.
• You could be held in jail until bail is posted.
• You could see a court judge who hears preliminary details and drops the charges against you or sets a 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. until your expected date of departure (program end date).
• Depending on the severity of the charges, you may have to stay in the area in order to attend your court date.
• If you are found guilty of a crime, possible penalties include:
• Monetary fine
• Community service
• Jail time
• Deportation

Posting Bail

Whenever you are arrested and charged, a judge will decide how much bail you must pay for your release pending trial. Bail is a deposit that must be paid to ensure your appearance at the set trial date. Your bail is determined by the severity of your crime. If you are unable to pay your full bail, bondsmen can be hired to cover this cost. AHA can advise you on the procedures of paying your own bail or, if necessary, help you contact a local bail bondsman.

For example, if the court sets your bail at $500 and you do not have that much money available, a bail bondsman will charge you about 10% (in this case $50). The bondsman will pay the remaining $450 towards your bail, and will keep your $50 as his fee.

Failure to appear at your assigned court date will result in the loss of the bail money, which has been posted by you or the bondsman. If you used a bail bondsman, you will owe him the full fee. Failure to appear in court may also increase the severity of charges against you, may go on your permanent record, and may negatively affect the process of applying for a visa to come to the U.S. in the future.

Please remember that breaking a U.S. law or being arrested may affect your employment as well as your AHA J-1 program. Please follow our safety tips and abide by all U.S. and local laws while you are on the program. If you have questions or issues contact AHA immediately.