Questions & Answers
Legal assistance in releasing a person arrested for a civil case
I'm looking for an attorney in a civil case.
My brother (citizen of European Union) was arrested on 21st of October 2018 for unauthorised border crossing on the border of the UAE and Oman.
He was convicted for one month in Ras al Khaimah jail. During this period we got the information, that he has a financial case in the court of Dubai and can not forsake this country.
Almost three months have passed, but he is still in jail and we can't get any more information.
Could you make some more comments on what could be the possible actions in this case and advise on a lawyer who could take the case?
I will be looking forward to receiving an answer.
Hi Dear
It’s my pleasure to reply to your questions.
According to what you are asking, your brother is involved in two cases :
On the first issue, illegal entry into the country, this is legally prohibited and punishable by article 31 of the Federal Citizenship and Immigration Law, which provides for a penalty of one-month imprisonment or AED 10,000 fine, or one of these two penalties with the expulsion of the accused.
If the maximum penalty is imposed and your brother is unable to pay the fine, the total period of imprisonment will be 4 months and 10 days.
As for the financial case in Dubai Courts, this is the biggest problem, and legal action must be taken immediately.
It is necessary to know the value or the amount of the claim in this case, the amount of the sum awarded, the stage reached by the case and whether the judgment was issued in absentia so that the advice can be given in full and correct.
If the judgment was issued in absentia, for example, an appeal may be made, even if it is after the deadline, to reopen the case and stop any judicial action or threat against your brother.
To access the entire civil case file, your brother must prepare a power of attorney at the notary public to a law firm so that the office can reveal the issues that concern your brother and take the necessary measures to release your brother.
Mohamed Gadalla
+971 50 482 5556
Before I begin to provide you advice and answer that query, you must know some information until the consultation is properly provided.
First: Has the special case been completed in Ras Al Khaimah or not?
Second: If it has been completed, then why it is not transferred to the Dubai Courts to end that issue?
Third: What is called the case, is it a civil case or the execution of a commercial order on a wide?
But it seems to me that it's a case to be executed.
In the case of case of execution, there are some procedures that must be followed, such as applying for an instalment plan or paying the amount, or if there is a dispute in the amount to be provided.
For other information, we are happy to communicate with you:
Phone: -00971564081251
Whatsapp: - 00971564081251
Dear Questioner,
Thanks for contacting online.
There are two charges against your brother.
The first one is crossing the border of a country illegally which is a grievous offence punishable with fine and imprisonment.
The second one is his involvement in the civil case. To give more details about the civil case the position of the case is to be obtained in detail.
Your brother might have been put in jail for the illegal entry to another territory and for this civil case.
Even if there is a judgment without his personal appearance, an appeal can be preferred provided he can give a POA.
Please feel free to contact me on 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further assistance or clarification on this.
Regards,
Anitha Rajeev
