Rights Upon Arrest
Hello everyone Yifei He here, your Immigration and Criminal Defense Lawyer. What do you do when you're arrested? It could be the most traumatic, depressing and sad moment of your life.
But it could be even worse if you're a non citizen. An arrest can cause deportation, can remove you from your community, and you can never come back to the US ever again. So what do you do when you're arrested as a noncitizen? First of all, you have the right to remain silent. You have the Miranda rights. Do not answer what the police ask you because it can be used as a confession to a crime. But you should not lie as well. If they ask you if you're a citizen of the US, don't tell them you are one when you're not because it's called fraud. So be honest. And try to keep silent. Next, you have the Fourth Amendment rights to your property. They can't just unlawfully search your property. They can't go into your house without a warrant. They can't just shove away all your stuff and try to grab whatever evidence they can find. Then use that in court against you.
You have the Fourth Amendment rights to unlawful search and seizure, which you must protect. Demand a search warrant, demand a an arrest warrant. Don't let them willy-nilly come into your house and mess with your property. Third, you have the right to a lawyer, the Sixth Amendment Rights. If they don't provide you a lawyer, if it's an immigration case, you have a right to request in an adjournment to get a lawyer. A lawyer will represent you. They will exercise your rights and protect your rights. They'll be a shield against the overwhelming power of the government that can easily crush you if you don't get a effective advocate on your side. And last you have the right to a Hearing, the 14th Amendment Right and a Hearing means you get to go before a judge who will decide your case. You won't be going before a prosecutor who will decide the case.
A Judge, an impartial adjudicator who will weigh all the evidence. You have the right to present your case. You have the right to testify. You have the right to a translator if you don't speak English, and also you have a right to a decision by a judge. The 14th Amendment rights. So again, those are the four steps you must take. You should take if you're an immigrant. Thank you. My name is Yifei He. I'm a Crimmigration Lawyer.
And I protect your rights as an immigrant. Thank you.