Italy can and does try defendants who are abroad. Many Americans first learn of a case when a conviction or a European Arrest Warrant surfaces years later, often at a border. The remedies for that situation exist, but they are time-limited, and they work far better when a lawyer is appointed before the file closes.
If something is happening right now
Say nothing until you have Italian counsel on the record. In Italy the investigative phase is where the file is built, and the statement you give at a police station or an airport becomes part of it permanently.
We appoint ourselves immediately, obtain access to the prosecution file, and appear at the interrogation or the validation hearing. If you are in custody, that happens the same day.
Defending a client who is in the United States
Italian procedure permits defence by counsel with a special mandate. For most proceedings you do not need to travel: we appear, we file, we negotiate. Where a conviction was entered in your absence without proper notice, we pursue restitution in integrum to reopen the case and the appeal that follows.
- Notice of investigation (avviso di garanzia) and preliminary hearings
- Plea-type resolutions: patteggiamento and abbreviated trial
- Appeals and reopening of in-absentia convictions
- Precautionary measures and travel restrictions
- Restitution and settlement with the injured party
Extradition and European Arrest Warrants
We act in both directions: defending extradition requests from Italy to the United States, and representing US-based clients subject to an Italian warrant or an EAW that will detain them the moment they change planes in Europe. Where the underlying case is weak or stale, the right move is usually to attack it at the source rather than wait at a border.
When you are the victim
Italian criminal procedure lets the injured party join the prosecution as a civil claimant (parte civile) and obtain compensation inside the criminal case. For fraud, assault and serious road-traffic cases this is frequently the fastest route to both accountability and money.
Questions we are asked about this
I received an Italian court document at my US address. Is it real?
Very possibly. Italy serves documents abroad and time limits — often twenty or thirty days — start running from service. Send it to us the day it arrives and we will tell you what it is.
Can I be arrested changing planes in Europe?
If a European Arrest Warrant is outstanding, yes. Check before you travel, not after.
Do I have to attend the trial in Italy?
In most proceedings, no. We appear under a special mandate and keep you informed at every step.