Arrest: Understanding Your Rights as a Non-Citizen
If you are a lawful permanent resident or foreign national and suddenly find yourself arrested by local police, it is vitally important to seek legal representation before talking to police, or taking a plea.
An arrest or criminal conviction can seriously jeopardize your ability to naturalize, to petition for other family members, or to renew your green card. Worse yet, you can be placed in mandatory ICE detention and find yourself facing deportation proceedings.
What you say today to a police officer or judge can be used against you in the court of law which can cut off avenues for future immigration success. If you find yourself in this position, call a reputable immigration and deportation defense lawyer immediately. Our team at The George McCranie Law Firm are experienced in complex immigration matters involving criminal charges and convictions.
Your Constitutional Right to Protect Yourself
If you are a non-citizen and arrested by a law enforcement officer, you have the same constitutional rights as a native-born or naturalized citizen to protect yourself during police questioning. The arresting officer must advise you of your 5th Amendment Constitutional Rights against self-incrimination during a Miranda Warning after you are arrested, and before law enforcement question you about a crime.
During arrest, you have the Constitutional Right to:
- Remain Silent – do not tell the officer anything but your name. Anything else you say can be used against you in a criminal, civil or immigration court case.
- Ask to See a Lawyer – soon after you are arrested or booked, you may make a phone call. If the phone call is to your attorney, the police may not listen in.
- Have an Attorney Appointed for you, if you cannot afford one (in criminal cases only)
If the police ask you any questions, you are not obligated to answer. Politely but firmly ask to see an attorney. Do not waive any of your rights or sign anything while in custody, without speaking to our team at the George McCranie Law Firm, first.
Many non-citizen immigrants, who are detained and deported, have been thrown into jail due to misdemeanors or routine traffic violations, and not because of DUI or felony charges.
Under a 1996 federal law, local police and correction officers can be trained and deputized by the U.S. Immigration and Customs Enforcement agency (ICE), to check for immigration status and to detain immigration law offenders during the course of normal law-enforcement activity.
Some people feel that the controversial law is unduly harsh, allowing police to unfairly target areas heavily populated by undocumented aliens during immigration sweeps.
The George McCranie Law Firm can also defend you in Georgia on criminal & traffic charges. If you or a family member need an experienced and knowledgeable criminal defense attorney to represent you in DUI, criminal or traffic cases in Georgia we can help as well! Call the George McCranie Law Firm and speak to our friendly and knowledgeable staff that will gladly assist you to make an appointment to see one of our experienced attorneys.
Our Commitment: Effective Legal Protection and Defense
Our desire is to protect your legal interests, release you from detention, and defend you against the potential threat of removal (deportation) from the country. Act now to preserve your legal rights.
If you have been taken into custody, either by local police or by ICE, please call our immigration team at the George McCranie Law Firm. Our firm handles criminal defense, deportation defense and family immigration matters. For a free initial consultation, call the George McCranie Law Firm at 912-383-7581.