First 3 Days After Arrest are Critical
If you are not released from custody within 72 hours of your arrest in Japan, a decision to detain you will be made. If you are detained, you will be subject to harsh interrogation by the investigating authorities for up to 20 days, and will not be able to visit home, school, or work during that time.
Are you aware of what may happen if you are arrested in Japan, not released, and then prosecuted?
In Japan, the prosecution conviction rate is approximately 99%. In other words, if you are convicted in Japan, you will almost certainly end up with a criminal record.
Furthermore, in criminal cases involving foreign nationals, if a foreign national is indicted, undergoes a criminal trial and receives certain criminal penalties, his/her status of residence may be revoked and deportation proceedings may be initiated after the verdict, or the application for extension of period of stay may be denied.
In order to avoid such disadvantages, it is crucial for criminal defense attorneys to intervene within the first 72 hours after arrest to prevent indictment or detention.
If your period of stay expires while you are under arrest or detention, your stay in Japan will become illegal.
Your status of residence will not be immediately revoked due to your arrest. However, if your period of stay expires while you are arrested and detained, you will become an illegal alien(you will be considered to have overstayed).
As a general rule, if you become an illegal alien, you will be detained at the Immigration Service Agency ("ISA”), and courts generally do not grant bail in such cases.
Furthermore, even if you are found not guilty or the prosecutor has decided not to indict you, you will be detained at the ISA as an illegal alien and there is a risk of being deported back to your home country.
For a prompt response to criminal cases, turn to Verybest
Work with our specialized criminal defense team
With approximately 360 attorneys at the firm,
we are able to respond quickly to phone consultations.
With approximately 360 attorneys at the firm, we are able to respond quickly to phone consultations.
Smaller law firms often do not have enough attorneys to handle phone consultations. At Verybest, we have multiple attorneys on call at all times, ready to respond.
After you contact Verybest, a the person on duty will have a phone consultation with you, your family member or friend. Subsequently, your call will be transferred to one of our specialized criminal defense attorneys to further discuss the case.
Please feel free to call us if you need assistance or need to consult with an attorney.
Case Example –
Quick Response
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19:00
Initial contact is made with Verybest by telephone -
21:00
IA family member or friend comes to one of our offices and consults with an attorney -
22:00
An attorney will rush to the police station where you are being held -
24:00
Your attorney arrives at the police station and interviews you -
1:00
Your attorney prepares motion documents against your detention near the police station and submits them to the court *Your attorney has brought a printer so the motion can be prepared on the spot -
13:00
Your attorney’s motion is granted and you are released from custody
*Please note that this is an example case. As the cause of action to be taken depends on the facts of the case, please consult an attorney.
Reasons Why Verybest is Strong in Criminal Cases
Our international legal affairs team and specialized criminal defense team will collaborate to address your needs.
Proactive defense based on the experience of former prosecutors
At Verybest, we have a number of former prosecutors working as defense attorneys.
Partner attorneys Okayama and Wakasa are experts in criminal law matters, having spent many years as prosecutors in investigations and trials. Our attorneys are well versed in providing the optimal pre-trial defense strategy to achieve non-indictment or non-prosecution of our clients. In addition, our attorneys have extensive trial experience, including “citizen judge” or “lay judge” trials (often referred to as jury trials, these are more akin to a lay judge system in Japan), and can devise appropriate defense measures for our clients by anticipating the likely evidence strategy that the prosecution will employ.
Our specialized criminal defense team handles a wide range of criminal matters
Our specialized criminal defense team handles a wide range of criminal matters, from sexual crimes such as molestation or groping and voyeurism, to embezzlement, assault, fraud, domestic violence (DV), theft, traffic accidents, drug cases, cases subject to “citizen judge” or “lay judge” trials, and so on. In addition, the team regularly holds study sessions on criminal law matters, where team members share their expertise, best practices from successful cases, and other know-how developed through their experience in handling matters. In order to provide our clients with a level of service that meets and exceeds their expectations, our specialized criminal law team strives to improve their skills on a daily basis, and to provide the most appropriate cause of action to resolve the matter at hand.
More than 94.0% of our clients are satisfied with our services※
In a client satisfaction survey conducted with clients who had their matters resolved by Verybest, 94.0% of our clients indicated that they were highly satisfied with the services provided, with responses such as “I was relieved that my attorney could come to the police station as soon as I called”, “I was worried, but was able to resolve my matter quickly through the kind and diligent consultation and defense work undertaken by Verybest”, and “the fees were lower than other law firms”. Our attorneys and staff will continue to make every effort to provide our clients with a high level of satisfaction.
Client Satisfaction Survey Results
2016/2/18～2023/11/30
*These are the results of the customer survey of cases handled in Japanese.
Our services are available nationwide, allowing us to intervene at the police station without delay
Verybest has offices throughout major cities in Japan and can provide nationwide support to our clients. We also have a video conferencing system connecting all of our offices throughout the country, so even in cases where the party to the case and the client are far apart, it will be possible for the client and the party to the case to hold a conference call by visiting their attorneys in a nearby office.
In addition, with our specialized criminal law team, Verybest is on call and ready to move immediately whether it is at day or night, on a weekday, weekend, or public holiday.
7 Merits of Retaining
an Attorney
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Merit1There’s a possibility that you may be released prior to getting a criminal record
There is a possibility that you may be released prior to getting a criminal record
A person with a criminal record generally refers to the fact that he or she has been penalized for a criminal offence at some point in the past.
In Japan, having a criminal record can be the cause of many problems, such as affecting your visa status, family, your work and job search efforts, and leading to the suspension of a range of official qualifications. However, if you are arrested but released with the authorities deciding against bringing charges against you, you will not have a criminal record.In order to avoid having a criminal record, it is critical that legal defense activities are initiated as soon as possible after being arrested, with a view to securing your early release.
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Merit2Your case can be resolved prior to others finding out about it
If you are arrested, you will be unable go home or to work or school for the period during which you are detained. The longer you are detained, the more likely it is that your employer or school will find out what has happened. Even if, for example, you have a family member contact your employer and arrange some time off work for you, it will be difficult to hide the fact of your arrest for very long.
In addition, if you are unable to attend work or school for a long period of time due to your ongoing detention, this may be grounds for termination of your employment or suspension from school.
In order to prevent this type of situation from occurring, our attorneys at Verybest work tirelessly to prevent a suspect from being detained for a long period of time upon arrest, such as by submitting a written statement to the prosecutor and the court arguing why your early release is necessary. At Verybest, our attorneys provide you with the optimal legal defense and strive to prevent your workplace or school from becoming aware of your arrest, or you from being subject to punitive dismissal from work, or suspension from school.
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Merit3An appropriate settlement can be negotiated
If you are arrested but released when the authorities decide not to charge you, you will not have a criminal record.
Negotiating a settlement with the victim in a criminal case is very effective in preventing a suspect from being charged. If a settlement can be reached with the victim prior to formal charges being filed against you, the case is more likely to be dropped. In the case of offences that cannot be prosecuted without a formal complaint by the victim, the withdrawal of the victimʼs complaint will result in the case being dropped. In addition, if a settlement is successfully reached with the victim, you may be released from detention earlier than is usually the case.
Even in cases where formal charges have been brought against you, negotiating and reaching a settlement with the victim can improve the judge’s impression of you, and may improve your chances of receiving a suspended sentence.
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Merit4No charges being brought or a suspended sentence is possible
As discussed above, our attorneys at Verybest will always first aim to prevent formal charges from being brought against our clients by negotiating for a settlement and by performing other legal defense activities. If a criminal matter can be resolved through settlement before formal charges are brought, there will be no criminal record and you will be able to return to your normal daily life.
If the authorities have brought formal charges against you, our attorneys aim to secure a suspended sentence. Although you will still have a criminal record if you receive a suspended sentence, you will not be immediately imprisoned like you would be if you had received a custodial sentence. With a suspended sentence, you will be free to move, get married, proceed with higher education, and there are no particular restrictions on overseas travel, as long as there are no visa problems for the country you are visiting. Once the term of the suspended sentence has lapsed, it will no longer be effective.
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Merit5Our attorneys can act as an intermediary for application for status of residence
If you exceed your period of stay while in custody due to arrest or other reasons, you will become stay in Japan will be illegal (i.e., you will have overstayed). Once you are classified as an illegal alien, there is a risk of being detained by the ISA and being deported after criminal proceedings are concluded.
However, if you are arrested and detained, you cannot go to the ISA in person and cannot make an application to renew your status of residence. An attorney who has filed a notification in accordance with the Immigration Control and Refugee Recognition Act can apply to renew your status of residence on your behalf without you being present.If your period of stay is likely to expire while you are under arrest or detention, you should ask an attorney who has a certificate of notification issued by the ISA to handle the renewal procedures for your period of stay.
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Merit6Receiving advice on whether to surrender yourself to the authorities
Surrendering yourself to the authorities may result in a lighter sentence from the courts. It may also help you avoid being arrested, as it shows you have no intention of fleeing, or hiding or destroying evidence. On the other hand, surrendering yourself to the authorities will bring the matter to light, which may lead to your eventual punishment. As you may still be prosecuted even if you surrender, it is necessary to carefully consider whether surrendering yourself to the authorities is the correct thing to do.
Retaining the services of an attorney prior to being arrested will allow you to make an informed decision as to whether it is best to turn yourself in. In addition, if you are concerned about surrendering yourself to the authorities alone, or if you have been requested to appear for questioning by the police, one of our attorneys at Verybest can accompany you to lessen the anxiety you will be feeling during the appearance.
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Merit7Only your attorney is allowed to meet and bring personal items to you upon your arrest
The arrest of a family member, such as a husband or child, will cause great shock and anxiety to even the strongest person. It is natural to want to see an arrested family member as soon as possible. However, family members and friends will be unable to meet the suspect for up to 72 hours after the arrest until a decision has been made as to whether the suspect will be further detained. During this time, only an attorney is allowed to visit the suspect. Family members and friends will only be able to visit after a detention decision has been made.
At Verybest, our attorneys will make every attempt to meet with your arrested family member and relieve their anxiety, as they may feel hopeless about being detained in an unfamiliar place. Our attorneys will also file a motion in an attempt to lift the visitation prohibition so that family members are able to meet with the suspect.
No restrictions for attorneys
- Visits are allowed on Saturdays and Sundays, including at night-time, and early in the morning
- No limitations on the length of visits
- No police officers present during visits
- Attorneys not subject to restrictions on visitation
Restrictions on family members and friends
- Visitation hours are limited to 9am to 5pm, Monday to Friday
- Each visitation is limited to approximately 15 or 20 minutes
- Police officers will be present during the visitation
- Subject to restrictions on visitation
As you can see above, only an attorney can freely meet with the arrested person without restriction after their arrest, and only an attorney can provide the optimal legal defense based on an understanding of the situation.