What to do if you are arrested or Detained? - Shankar law

What to do if you are arrested or Detained?

The Obama Administration announced that they will start to deport more people in the coming weeks. As more and more families are detained here are some rights that people should be aware of.  Be aware that these rights can change if you are arrested or detained at the border or at the airport.

Know Your Rights:

1) You have the right to remain silent.  In certain states you must to identify yourself.  Make your right to remain silent known.  It is not enough to just remain silent.  You must state that, “You are invoking your right to remain silent.”

2) Ask to speak to a lawyer.  If you see a judge before you have time to talk to a lawyer ask the judge to give you more time so that you can speak to a lawyer.

3) Do not sign any papers without first talking to a lawyer.

4) Write down the name and telephone number of the deportation officer assigned to your case, if
possible.

5) Do not sign any papers stating that you will take “voluntary departure” before speaking to a lawyer.

6) Do not assume that the Judge or Immigration Officer will give you the right information.  Always
talk to a lawyer before you make any decisions.

7) Be truthful when talking to a Lawyer, Judge or an Immigration Officer.  When speaking to your
lawyer make sure to tell your lawyer if you have been arrested or convicted for a crime.  This way, your lawyer can give you the best legal advice.

8) You have the right to call a lawyer or your family if you are detained.  You have the right to be visited by a lawyer in detention.

9) You have the right to contact your consulate.  You can ask an officer for the number to your consulate.  In certain cases, your consulate may help you to obtain a lawyer.