Q: What Can I Do If Immigration Officers Are Arresting Me And I Have Children In My Care Or My Children Need To Be Picked Up And Taken Care Of
A: If you have children with you when you are arrested, ask the officers if you can call a family member or friend to come take care of them before the officers take you away. If you are arrested when your children are at school or elsewhere, call a friend or family member as soon as possible so that a responsible adult will be able to take care of them.
Arrest Warrants And Pre
Top Stamford criminal lawyers will always tell clients who are subjects of police investigations to never speak to the police without first consulting with a criminal defense attorney. Being the subject of a police investigation can be terrifying and lead you to feel a lot of stress and panic. The police often look to take advantage of your vulnerable state of mind to pressure you into making statements that can be later used against you. The police are trained to exploit your emotions. As Stamford criminal attorneys we represent people who have been contacted by the police about an investigation and often we can work to gather exculpatory evidence and convince the police to not proceed with an arrest warrant. In other situations, our clients may have an outstanding warrant issued against them and they contact our office to provide guidance and assistance in making arrangements to turn themselves in. No matter your particular situation, if you are under police investigation, you should always make contacting a Stamford criminal attorney your first step before you say or do anything.
So – What is an Arrest Warrant in Connecticut?
A warrant arrest is the second way that arrests occur in Connecticut. The arrest warrant process involves the Police officer writing out a sworn statement of allegations against you which the officer feels proves you committed a crime.
So, Just What is Probable Cause? Frequently Asked Questions About Arrest Warrants in Connecticut
Illegal Search And Seizure Faqs
By FindLaw Staff | Reviewed by Evan Fisher, Esq. | Last updated November 30, 2021
When law enforcement officers search the private property of a suspected criminal, there are rules that apply to protect that suspect’s rights to be free from unreasonable search and seizure. If the search was illegal, any evidence gained during the search could be deemed inadmissible. These principles are derived directly from the Constitution, specifically the Fourth Amendment, as well as court opinions.
Below are some of the most common questions regarding police searches of a home, a car, or a person.
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Q: Can Law Enforcement Officers Search My Laptop Files If They Do Can They Make Copies Of The Files Or Information From My Address Book Papers Or Cell Phone Contacts
A: This issue is contested right now. Generally, law enforcement officers can search your laptop files and make copies of information contained in the files. If such a search occurs, you should write down the name, badge number, and agency of the person who conducted the search. You should also file a complaint with that agency.
Right To Remain Silent
Anyone who has been detained, arrested or charged with a crime has the right to remain silent and must be told that they have the right to remain silent. People must give the police their correct name but other than that…
- they do not have to answer any more questions
- they do not have to give the police any kind of a statement, in writing or otherwise
The police can and will ask you questions but you do not need to answer. If you do say anything at any time it can be used against you in court.
It is very important to talk to a lawyer before saying anything to the police. Make sure to tell the police you want to talk to a lawyer. Then wait to speak with a lawyer before deciding to say anything else. It is your right.
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Q: What Do I Do If I Am Questioned By Law Enforcement Officers Every Time I Travel By Air And I Believe I Am On A No
A: If you believe you are mistakenly on a list you should contact the Transportation Security Administration and file an inquiry using the Traveler Redress Inquiry Process. The form is avail- able at . You should also fill out a complaint form with the ACLU at . If you think there may be some legitimate reason for why you have been placed on a list, you should seek the advice of an attorney.
Identification Parades In Custody
If you have not been arrested you do not have to take part in an identification parade, but might be asked to do so voluntarily. You should get advice from a solicitor before agreeing to take part.
If you have been arrested, the police have the power to make you take part in an identification parade. You have the right to have a solicitor present. You might have to be filmed to provide a picture for a virtual identification parade.
There are certain safeguards for the conduct of identification parades:
- the parade should be conducted by a police officer who isn’t connected with the investigation of the crime. The police officer in charge of the case under investigation might be present, but should take no part in the parade
- the other people in the parade or line up should look broadly similar to you in terms of sex, age, height, dress and general appearance
- you’re allowed to choose where to stand in the parade and may change position after viewing by each witness
- there should be at least 6 people in a parade
- you have the right to object to the composition of the parade, and any objection should be noted by the police officer in charge. You must not interfere with the conduct of the parade
- any reasonable request which you or your lawyer make beforehand should be allowed.
When there is a vulnerable witness or a child witness they may be allowed to view suspects on a virtual identification parade.
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Q: If I Am Arrested For Immigration Violations Do I Have The Right To A Hearing Before An Immigration Judge To Defend Myself Against Deportation Charges
A: Yes. In most cases only an immigration judge can order you deported. But if you waive your rights, sign something called a Stipulated Removal Order, or take voluntary departure, agreeing to leave the country, you could be deported without a hearing. There are some reasons why a person might not have a right to see an immigration judge, but even if you are told that this is your situation, you should speak with a lawyer immediatelyimmigration officers do not always know or tell you about exceptions that may apply to you and you could have a right that you do not know about. Also, it is very important that you tell the officer immediately if you fear persecution or torture in your home countryyou have additional rights if you have this fear, and you may be able to win the right to stay here.
How Do You Know If There Is A Federal Warrant For Your Arrest
Knock and announce, where law enforcement officials knock on your door and identify themselves and their authority to enter, is the way many find out that a federal warrant for their arrest is being executed. If you feel you might be a federal crime suspect, being proactive is your best defense.
Hiring a federal criminal defense attorney as soon as possible may not prevent a warrant from being issued, but it can help you be prepared for what comes next. Look for a lawyer who:
- Has specific experience in defending those charged with federal crimes, such as drug or arms trafficking or federal fraud activities
- Can explain what is happening clearly and keeps you informed through every step of the process
- Is trial-tested and aggressive in defending your rights
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Can You Refuse A Lawyer
Most adults can agree to be interviewed without a lawyer but it is not in your best interests. The police will take a note of why you chose not to have a lawyer. The police shouldn’t try to influence your decision whether to have a lawyer.
Some people can only be interviewed with a lawyer present:
- children under 16 years of age
- young people with a compulsory supervision order aged 16 or 17
- vulnerable adults – 16 years or older who may not understand what is happening or be able to communicate with the police because of a mental health condition or learning disability.
16 and 17 year olds who are not vulnerable or under a compulsory supervision order will need the consent of a parent or another adult if they want to be interviewed without a lawyer.
You can change your mind and choose to have a lawyer at any time.
What Powers Do Police Gain From A Search Warrant
A search warrant gives the police the legal authority to enter a premise without the permission of the owner. They have permission to search for the evidence listed in the warrant in the places authorized by the warrant.
For example, if the search warrant allows the police to search the bathroom of a home for illegal drugs, then the police should confine their search to the bathroom.
There are some exceptions to this search warrant rule which routinely allow police to conduct a wider search than allowed by the written search warrant.
- Police can search beyond the scope of the search warrant to ensure their own safety and the safety of others
- Police can search widely to stop the destruction of evidence
- Police can look for evidence beyond the scope of the original search warrant because their initial search revealed that there may be additional evidence in other locations on the property
- Police may search for more evidence based on evidence that is in plain view
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Q: What If I Am Charged With A Crime
A: Criminal convictions can make you deportable. You should always speak with your lawyer about the effect that a conviction or plea could have on your immigration status. Do not agree to a plea bargain without understanding if it could make you deportable or ineligible for relief or for citizenship.
Have Someone Else Told You Are At The Police Station
As well as a lawyer, you have the right to have 1 other person told that you’re at the police station. This might be a family member, a carer or a friend.
You don’t have the right to make a telephone call personally – the police will do this for you. The police must do this without delay unless there is a good reason not to, for example, that it might lead to the destruction of evidence or the warning of accomplices. The delay shouldn’t be longer than is needed to investigate, prevent crime or apprehend offenders.
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Release From Police Custody
In many situations the police will charge and then release you on a promise to appear or an undertaking, which may have certain conditions for you to follow.
If the police give you papers that say you have to go to court at acertain time, you have to go. If you don’t go to court at that time,you can be charged with a crime called failing to appear, and youcan be arrested and put in jail until your trial.
If the police do not agree to release you, they have to arrange for a court appearance called a show cause hearing as soon as possible. Legal aid will provide a lawyer at no cost to assist you with the show cause hearing. At a show cause hearing, the police and Crown prosecutor will tell the judge why they think releasing you may not be a good idea. For example if you have hurt someone, they may be concerned that it is not safe to release you straight away. If the judge decides you should stay in custody, the police will usually bring you to one of the NWT’s correctional centres.
If the judge agrees to release you, there will be conditions set for you to be allowed out of jail. For example, you may have to agree to stay away from a certain person, you may have to live in a certain place or you may have to pay money or bail to the court.
How Can The Police Obtain A Warrant
If the police suspect you have committed or had some involvement with a crime, they have the right to search or confiscate items from your property.
However, you have certain rights to privacy under Article 8 of the Human Rights Act, which could be used to argue against an unlawful arrest.
If you feel you have been subject to an unlawful arrest or an unlawful search by the police then its worth taking a look at our guide to making complaints against the police to see if you have a case.
The police will require a warrant to either arrest you or carry out a search of your property. An officer must apply for a warrant through the Magistrates Courts by making a written request.
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How Do I Know If There Is A Warrant Out For My Arrest
There may come a time where you believe there may be a warrant out for your arrest. A common example that comes across my office is when there is a domestic dispute, and someone involved calls police, but by the time the police arrive, someone involved has left or is otherwise unavailable. In this example, the police will take a statement from one party, and if they believe they have received enough information to establish probable cause for an arrest, they will pursue an arrest warrant or capias.
Other examples come to mind, for instance, you may have been called by an investigator for the Government regarding a various criminal incident. First and foremost, absolutely do not give a statement under these circumstances. If an investigator calls you, they are fishing for information that hopefully can trigger enough evidence that probable cause for an arrest is justified. Remember, statements are evidence. Testimony is evidence.
Unfortunately, it is rare that someone from the government will call and inform you that a warrant has been set for your arrest. There are exceptions, often for crimes when the investigator has been in regular communication with the suspect, however, if you are a suspect that has been in regular discussion with the police, you have made a mistake! Stop immediately!
Regardless of why you may suspect there is an active warrant for your arrest, lets discuss how you can find out:
When Can Police Legally Enter My Home
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If the officers have a search warrant or an arrest warrant for someone who lives at the residence, they may enter even without your permission.
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If there is a reason to believe someone is injured or in danger, officers may enter without your permission.
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If you verbally agree to let the officers enter or search your residence, the officers may do so. A third party may not consent on your behalf.
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Financial Hardship Or Indigency
If you do not have enough money to pay your fines and fees in one lump sum, you may apply for a payment plan that allows you to delay payment or pay in installments.
Perhaps you lost your job or have serious health issues. If you are unable to pay fines or fees because of some special circumstances, you may still have many options to resolve your warrants or Capias Profines. You should contact the Court right away. The judge may have a hearing to determine whether you are “indigent”, or too poor to satisfy your fines and fees with money.
If you are “indigent” you may be able to pay your fines and fees by performing “Community Service” or some other type of sentencing alternative that is more appropriate for your special situation. However, the only way to know whether you can work out your cases by alternative means is to come to Court and speak to the judge.
DO NOT DELAY. COME IN OR CONTACT THE COURT RIGHT AWAY. YOUR WARRANTS AND CAPIAS PROFINES WILL BE MORE DIFFICULT TO RESOLVE IF YOU DELAY.
Can You Get Arrested At The Dmv In New Jersey
New Jerseys MVC is their version of the Department of Motor Vehicles. The MVC is responsible for licensing and vehicle registration, among other things. This means that if you need to renew your drivers license, renew your registration, make changes to your ID, or take other actions, you may need to go to the MVC. The MVC does not have any special safeguards in place to protect people from police, and there is generally nothing to stop a police officer from arresting you there but the chance of you being arrested at the DMV will depend on many factors.
First of all, MVC workers are not police officers or law enforcement officials. This means that the person behind the desk at the DMV is not able to arrest you, and generally has little to no authority to even check your record. MVC workers might see whether you have a suspended drivers license, but the system typically will not tell them why it was suspended. They may also see a hold or a stop on the license that prevents them from renewing or changing your information. They might ask questions and if they find out that you drove there with a suspended license or recognize you from a wanted poster or something extreme, they might call the police.
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