Search for arrests in myrtle beach
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why. You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.
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In some states, you must give your name if asked to identify yourself. You should not physically resist, but you have the right to refuse consent for any further search.
If you do consent, it can affect you later in court. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent. Both drivers and passengers have the right to remain silent.
Know Your Rights | Myrtle Beach Immigration Law Office
If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent. If You Are Questioned About Your Immigration Status You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials.
You do not have to answer questions about where you were born, whether you are a U. Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers. If you are not a U. If you are over 18, carry your immigration documents with you at all times.
If you do not have immigration papers, say you want to remain silent. Do not lie about your citizenship status or provide fake documents.
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Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. Tell the agent you want to speak to a lawyer first.
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If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic. If You Are Arrested Do not resist arrest , even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. You have the right to make a local phone call. The police cannot listen if you call a lawyer. Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication. Special Considerations For Non-Citizens: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. While you are in jail, an immigration agent may visit you.
If the police officer indicates that you are, you are welcome to simply walk away. If the officer asks to conduct a search of your person, know that you have the right to withhold consent.
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Understand that if you do consent to a physical search, that consent cannot easily be rescinded, if the officer finds something incriminating. Your decision to authorize the search can be used against you later should criminal charges be pursued. However, you have no obligation to allow officers to look inside your car, and you are allowed to refuse consent for a search. One exception to the search rule for vehicles is that if the police have reason to suspect your vehicle contains evidence of a crime, then the car can be searched even without your consent.
The last thing you want is to add an obstruction of justice charge to whatever the police may find. It can be most alarming to have a police officer show up unannounced at your doorstep.
Though you might be taken aback, realize that you do not have to let the officer inside, unless he or she has a warrant. Though you have the right to remain silent, if you choose to speak to the police, simply step outside and close the door behind you, not leaving any room for the officers to scan the interior of your house. If the officer does have a warrant, you are allowed to ask to see it. The warrant authorizes officers to enter the residence at the address listed on the document but should specify exactly where and what the officers are allowed to search for.
Remember that even if the officers have a warrant, your right to remain silent continues, and you can choose not to answer any questions. If you believe officers have somehow infringed on your rights, the first thing to understand is that it does no good to fight the matter on the streets. Instead, remain calm and try to remember as many details of the incident as possible. The moment you are free to contact a South Carolina criminal defense attorney, do so. Repeat the details of your encounter to your lawyer and discuss your possible options for either filing a formal complaint or challenging any criminal charges you may be facing in court.
David Aylor understands how scary the criminal justice system can be and is here to guide you through the process. If you or someone you know has been arrested and is in need of South Carolina criminal defense lawyer, feel free to contact David Aylor today at