SHIKI-NO-KAZE LAW GROUP

CRIMINAL DEFENSE

■　Arrest and Detention

After an arrest, the police can detain the suspect for up to 48 hours, and the public prosecutor can detain him/her for additional 24 hours. If the prosecutor decides further investigation is necessary, he/she will ask the court to issue a warrant for additional detention of 10 days.

The court can issue a warrant for detention if it finds a probable cause to suspect that the suspect has committed the crime and he/she:

1. Has no fixed residence;

2. There is a probable cause to suspect that he/she may conceal or destroy evidence; or

3. He/she has fled or there is a probable cause to suspect that he/she may flee.

If the court issues a warrant, the suspect will be detained for 10 more days. The detention can be extended for 10 more days if necessary. Therefore, the suspect may be detained for up to 23 days.

By the end of the detention period, the prosecutor will make a decision whether to indict the suspect.

■　Investigation and Interrogation

After the suspect is arrested, the police, under the supervision of the public prosecutor, will interrogate him/her. The suspect does not have the right to the presence of council during the interrogation. At the end of almost every interrogation, the police or the prosecutor prepares a written statement based on what the suspect said and ask him/her to sign and fingerprint the statement. This statement may be used as evidence in the trial. The suspect must read it carefully, and if there is any mistake or inaccuracy, he/she should ask it be corrected or should not sign or fingerprint if not corrected.

■　Your Rights as Suspect

1. Right to Counsel

You have the right to receive help form a lawyer. The lawyer will meet you without presence of the police or detention center staff. However, lawyer cannot be with you during interrogation.

2. Right to Remain Silent

You have the right to remain silent. You do not have to say anything you do not want to say. You may remain completely silent if you wish. Remaining silent will not harm you in the trial.

■　Role of Defense Counsel

Your lawyer will try to get you released as early as possible and to avoid indictment.
If you have committed the crime and are indicted, he/she will try to reduce your sentence or get a suspended sentence. If you have not committed the crime you are suspected of, he/she will do his/her best to get acquittal.