If you are caught driving without a license, the police officer takes down the evidence, maybe they arrest you, you are brought before a magistrate to see if evidence looks solid and you can decide whether to accept whatever the charge is or dispute it. If you dispute you are probably allowed free on bail or your own recognizance until you are called in to court. There the state describes the charge and produces their evidence and you have an opportunity to argue it.

There is all sorts of due process, checks and balances against abuse of authority, and the state has to have a preponderance of evidence showing you were guilty.

And of course the analogy falls over when you realize that overstaying your visa is a civil offense, not a crime.