Key Takeaways
- You have constitutional rights regardless of immigration status — including the right to remain silent and the right to an attorney.
- Police and ICE must follow specific rules when detaining you, questioning you, or searching your property.
- You do NOT have to answer questions about your immigration status, birthplace, or how you entered the U.S.
- You do NOT have to consent to a search of your home, car, or phone without a warrant.
- If you are not under arrest, you have the right to ask whether you are free to leave.
- A lawyer can challenge unlawful stops, detentions, and ICE holds — and protect your criminal and immigration future.
Your Rights During a Police Stop in Georgia
Whether you’re pulled over while driving, stopped on the street, or questioned after a traffic accident, you have the right to:
✔ Stay Silent
You do NOT have to answer:
- Where you were born
- Your immigration status
- How you entered the U.S.
✔ Ask If You’re Free to Leave
Say:
“Am I being detained, or am I free to go?”
✔ Refuse Consent to a Search
You can say:
“I do not consent to a search.”
✔ Record the Interaction
As long as you don’t interfere.
If the stop happens in Cobb, Fulton, DeKalb, Clayton, Gwinnett, or Hall counties, Hines Law provides full criminal defense support.
Your Rights If Police Detain or Arrest You
If you are arrested:
✔ You have the right to remain silent
Anything you say can be used against you.
✔ You have the right to an attorney
You can refuse questioning until a lawyer is present.
✔ You do NOT have to sign anything
Especially documents you do not understand.
✔ You have the right to make a phone call
Police cannot deny you access unless there are safety concerns.
✔ You have the right to refuse searches without a warrant
Certain exceptions apply (like pat-downs).
Even if you fear your immigration status could be exposed, your constitutional rights still apply.
Your Rights When ICE Detains You
If ICE detains you, you still have powerful protections:
✔ The right to remain silent
You don’t have to reveal immigration history.
✔ The right to an attorney (but not free court-appointed counsel)
An immigration lawyer can:
- Stop mistakes
- Challenge detention
- Seek bond
- Fight removal
✔ The right to refuse signing documents
ICE often pressures immigrants to sign “voluntary departure” forms — don’t sign without a lawyer.
✔ The right to a hearing before an immigration judge
Unless you fall under certain narrow categories.
✔ The right to contact your consulate
Consulates can provide support and communication help.
What You Should NOT Do During Any Detention
Do NOT:
- Lie about your identity
- Show fake documents
- Run or resist
- Sign anything you don’t understand
- Give ICE your country of birth or immigration history
- Allow a search without a warrant
- Speak “off the record”—nothing is off the record
Remaining calm and silent protects both your criminal and immigration case.
What Happens If Police Call ICE (or ICE Places a Hold)?
In Georgia, local jails often cooperate with immigration authorities.
ICE “Detainers” or “Holds”
These ask local jails to keep someone in custody for ICE, even after a judge grants bond.
A lawyer can challenge:
- The validity of the detainer
- The underlying criminal charge
- Whether ICE legally has the right to detain you
Because Hines Law serves criminal clients only in Cobb, Fulton, DeKalb, Clayton, Gwinnett, and Hall, representation for criminal charges must fall within these counties.
However, immigration representation is statewide, and we can help with ICE issues no matter where you are in Georgia.
Rights for Undocumented Immigrants
Even without legal status, you have rights:
✔ The right to remain silent
✔ The right to refuse consent to a search
✔ The right to an attorney
✔ The right to due process
✔ The right to challenge detention
✔ The right to a hearing
Undocumented individuals should avoid giving:
- Country of origin
- Date/place of entry
- Immigration history
- Passport numbers
Silence protects your legal options.
How Hines Law Protects You in Police & ICE Detentions
Our team provides both criminal defense (county-specific) and immigration defense (statewide) to protect you from:
- Unlawful police stops
- ICE detainers
- Deportation risks
- Criminal charges tied to detentions
- Miscommunications due to language barriers
We regularly defend Hispanic clients facing police stops or ICE questioning in high-risk areas.
If You Are Detained in One of Our Criminal Service Counties
Hines Law represents criminal-defense clients only in:
Cobb, Fulton, DeKalb, Clayton, Gwinnett, and Hall counties
If your police detention happens in one of these counties, we can defend both:
- Your criminal case
- The immigration consequences of the arrest
If the detention occurs outside these counties, we can still handle the immigration case, but not the criminal charges.
Speak With a Georgia Criminal & Immigration Attorney Today
Hines Law provides:
Criminal Defense: Cobb, Fulton, DeKalb, Clayton, Gwinnett, and Hall
Immigration Services: From our offices in
Atlanta, Austell, Gainesville, Jonesboro, Marietta, and Dalton
and statewide.
If you were detained by police or ICE, time is critical — the wrong statement can damage your case.
Call Hines Law today at 678-336-6161 for a consultation.
Your rights matter. Your voice matters. We’re here to protect both.