Frequently Asked Questions
What should I do if I am arrested?
If you are arrested, it is essential to know and protect your rights to ensure a fair and safe process. Here are the key steps you should follow:
Remain calm and cooperate with basic identification: You must identify yourself by giving your name and address or showing official identification if requested. However, you do not have to answer additional questions, especially about your immigration status or details that could incriminate you.
Exercise your right to remain silent: You have the constitutional right not to answer questions or make statements without a lawyer present. You can say that you prefer to remain silent or that you will only speak before a judge.
Request a lawyer: You have the right to be represented by a lawyer throughout the process. If you cannot afford one, the court must assign you a public defender at the first hearing, known as the “arraignment.”
Know that the process must respect your rights: Authorities must follow specific legal procedures during the arrest and ensure that your rights are respected. If you believe there was abuse or illegality in your arrest, you can file a formal complaint so that it can be investigated and action can be taken against the officers responsible.
Can I avoid going to court?
Is it possible to have my criminal record expunged?
