ABSTRACT

A foreign national who was not informed about consular access and who seeks to challenge that violation in court may do so at an early stage of proceedings. On the other hand, the foreign national may, for various reasons, make such a challenge only after being convicted, or after a conviction has been affirmed on appeal. Often, the reason for a challenge only at a later stage is that the foreign national and defense counsel were unaware of the consular access issue. A foreign national who does not make the challenge at a sufficiently early stage may be denied the right to do so.