Legal Question in Immigration Law in California

Detained at the U.S./Mexico border

Basic outline of the story is got detained at the border while driving a car with an illegal immigrant hidden inside. Was handcuffed and detained and fingerprinted then put in a holding cell for a few hours. I gave a statement of what happened and was released hours later. They told me I was going to get a felony for smuggling an illegal alilen...however I was never read miranda rights so I call it detained and not arrested, and never had any paperwork saying I was charged or any type of court. I assume they were using scare tactics on me to get a point across. So basically my question is can someone receive a felony for something without being charged formally and going to court about it


Asked on 11/16/08, 11:17 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Detained at the U.S./Mexico border

You should take this very seriously. You may still face charges, even though they released you.

Definitely get a lawyer if you are contacted or arrested.

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Answered on 11/17/08, 1:49 am
Joshua Hale Hale Law Group

Re: Detained at the U.S./Mexico border

In my experience, the CBP does not always take a person directly to jail. This means that yes, you very likely will be charged. You need an attorney immediately.

JDH

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Answered on 11/17/08, 11:28 am


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