Con staffers: Question about rights as a foreign national

I have no attorneys on staff, and hence none of us can offer you legal advice. Your best bet is to contact the U.S. Consulate and inquire.

Once you step in the USA you are under the american laws ans liberties..

Simple as that..

I would say the only difference is the you don't have
the right to work there or stay longer than a certain period of time ..

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I love you all ..

except for the people I don't like..

As mentioned above - once you have actually entered the country, you are subject to American Law, and entitled to the protections and procedures of the American Criminal Justice System. When involved in an inquiry into a criminal matter, particularly if there is the chance of criminal charges being brought against you, you have the right to remain silent. You have the right to an attorney to advise and defend you. If you cannot afford an attorney, one will be provided. You have the right to confront and question your accusers, to be made aware of evidence against you, and to refute it.

...And - perhaps most important - as a foreign national, you have the right to speak to a representative of your government. Someone from the Consulate or Legation. If you are arrested and held for anything, make your nationality known, and DEMAND a meeting with that representative, AND a lawyer, before you say or answer anything in the way of questions.

NOTE: If you are arrested or detained, you will be asked to furnish ID, or for personal information about you, such as how old you are, where you live, do you have any medical conditions or take any medication, family members inside or outside the country, that sort of thing. You HAVE to answer those questions, and there really isn't any reason not to - your rights to see an attorney or your governmental representative are granted AFTER you have been arrested or detained, and you aren't considered arrested or detained until you are "booked" into custody, which includes answering these particular questions and perhaps enduring a few other unpleasant indignities, such as a photograph, fingerprints, and a strip search.

I am NOT a lawyer - but I used to work as the dispatcher at a small town police department in the Mojave Desert, and it was part of my job to fill out the paperwork on arrested folk, and making sure that they understood the rights as explained to them by the arresting officer, prior to them being hauled off to jail. Depending upon the nature of the offense and the time of day, you may be entitled to an OR (Own Recognisance) release, post bail for infractions, or
be brought immediately before a magistrate, if one is available - though that is best done AFTER speaking with your national representative, AND a lawyer.

If you are stopped by a policeman for a minor violation of traffic or other laws - an "infraction" - you will most likely be asked to sign a "Notice To Appear". This is what a traffic ticket is. It states that on a certain date and time, officer so-and-so observed you committing an action which he has probable cause to believe is a violation of whatever code it is he says you violated, and that you are commanded to appear at the Courthouse, on such-and-such a date and time, to answer to the charge. There is a line that says, "Without admitting Guilt, I promise to appear at the date and time specified" or words to that effect. Signing it IS a promise to appear. There is really no reason NOT to sign, but if you fail to do so, against all logic or entreaties on the part of the officer that you do so, you can be detained then and there until a magistrate is free to judge your case.

NOTE: The officer should NOT ask you to pay him any money!

Court dates are typically at least 2 weeks after the date of the infraction; before that time you will receive a notice in the mail, with more details about the date, time, and location of your hearing. You will also receive a "bail schedule", listing the amount of bail that you should post if you intend to answer the charge.

If you FAIL TO APPEAR, as you promised - and you mailed the appropriate bail amount off to the court clerk - you lose your case, and the bail amount is forfeit, as a fine. End of Story, you go on with Life.

If you FAIL TO APPEAR, and you DIDN'T send any bail to the court clerk - then a warrant for your arrest will be issued, and the angels in heaven shall weep for you.