Criminal Case

We, experienced lawyers, can offer assistance in the following matters:

Criminal Procedure
Illegal Drug Case
Visa after a guilty judgment
Illegal Work during Provisional Release

Need Help With A Legal Problem?

We, Nagoya International Law Office, welcome criminal cases such as;

My husband was arrested for committing a crime. What is the procedure?
My daughter is working in Japan and was arrested for possession of illegal drugs. What penalty will she be sentenced by the court?
I have a valid visa status and was sentenced to a guilty judgment with the suspension of the execution of the sentence, can I continue to stay in Japan?
My husband is overstaying in Japan and under the provisional release (Kari-homen) from the immigration. We were waiting for special permission to stay in Japan, but he was arrested because of his illegal work. Does he still have a chance to get special permission to stay in Japan?

Criminal Procedure

My husband was arrested for committing a crime. What is the procedure?

Information

Once arrested, your husband will be detained for 72 hours at a police station. During this period, investigators will be granted permission by the court to detain your husband for 10 more days. If they cannot investigate thoroughly in the first 10 days, they will obtain permission for an additional 10 days (20 days in total). After the investigation, the prosecutor will decide whether to indict your husband to the court. If the prosecutor decides to indict, your husband will be detained normally until the trial ends. The period depends on the case, but even if your husband admits to the crime, it will take 2 months or more.

Our Service

If your husband is arrested, he can choose a court-appointed defense counsel (called “Kokusen”) or a private defense counsel. If your husband is an English speaker, we recommend that you appoint an English-speaking lawyer as your husband’s private defense counsel because the court-appointed counsel usually doesn’t speak English.
We, members of Nagoya International Law Office, can communicate with your husband in English, and we will frequently visit your husband at the detention facility without interpreters. We also can explain and report his situation to you in English.

Frequent Q&A

Q.	Is there a possibility my husband will be released from the detention center before indictment?
A.	There is a possibility your husband may be released from the detention center if the court illegally granted permission for his detainment (for example, insufficient evidence.). If we think the permission to detain your husband does not satisfy the legal requirements, we will try to invalidate the permission so that he can be released from the detention center.

Q.	Does my husband have the right to remain silent?
A.	Yes, your husband has the right to remain silent and he does not have an obligation to sign any documents. Investigators, prosecutors, and judges will not reflect negatively on your husband’s right to remain silent. It is very important that your husband knows his rights from the beginning of his detention. If you retain us as his private defense counsel, we will visit and inform him of his rights as soon as possible.

Does my husband have the right to remain silent?

Yes, your husband has the right to remain silent and he does not have an obligation to sign any documents. Investigators, prosecutors, and judges will not reflect negatively on your husband’s right to remain silent. It is very important that your husband knows his rights from the beginning of his detention. If you retain us as his private defense counsel, we will visit and inform him of his rights as soon as possible.

Q.	Can I visit and meet my husband at the police station or the detention center?
A.	It depends on the case. The judge decides if your visitation is allowed when the judge grants permission to detain your husband. If he denies his crime or the case is conspiracy, the judge will not allow meeting with his family. In this situation, only the defense counsel can visit and meet him freely. Even if the judge allows visitation, you must communicate in Japanese with your husband at the police station or the detention center.

Can I visit and meet my husband at the police station or the detention center?

It depends on the case. The judge decides if your visitation is allowed when the judge grants permission to detain your husband. If he denies his crime or the case is conspiracy, the judge will not allow meeting with his family. In this situation, only the defense counsel can visit and meet him freely. Even if the judge allows visitation, you must communicate in Japanese with your husband at the police station or the detention center.

Q.	Can I send clothes and books to my husband in the police station or the detention center?
A.	Yes, you can send clothes or books to your husband in the police station or the detention center. However, the number of clothes is set by the rules of the police station or the detention center. You can send 3 books each time. The books should not have any handwriting and the titles should be translated into Japanese.

Q.	Can my husband get bail after the indictment?
A.	If your husband satisfies the requirements, there is a possibility to get bail. The requirements are that your husband does not have a criminal record, he will not destroy evidence or threaten witnesses, and he will not escape from court procedures. If your husband does not have a valid visa status, bail will not be allowed. If the judge permits bail, you should deposit the bail money, which will be 2,000,000 yen or more.

Can my husband get bail after the indictment?

If your husband satisfies the requirements, there is a possibility to get bail. The requirements are that your husband does not have a criminal record, he will not destroy evidence or threaten witnesses, and he will not escape from court procedures. If your husband does not have a valid visa status, bail will not be allowed. If the judge permits bail, you should deposit the bail money, which will be 2,000,000 yen or more.

Illegal Drug Case

My daughter is working in Japan and was arrested for possession of illegal drugs. What penalty will she be sentenced by the court?

Information

Japan is very strict against possession, usage, or importing of illegal drugs. Possession and usage of stimulant drugs or importing cannabis are the typical cases in Japan. If this is the first time for her to be arrested for illegal drug possession, she will be sentenced around one year and six months imprisonment with “the suspension of the execution of the sentence.” “The suspension of the execution of the sentence” means your daughter does not have to go to prison during the suspension period which will be generally 2-4 years. If she does not commit another crime during this suspension period, she does not have to go to prison. However, regarding her visa status, she will undergo deportation procedure from Japan, because of her illegal drug crime.

Our Service

We, Nagoya International Law Office, can handle not only criminal cases, but also her deportation procedure. Furthermore, we will contact her employer and arrange the conditions to keep working, or arrange the resignation process if she decides to quit work. We will arrange a guarantor necessary for her bail and bail money with the support of her family. We will also represent her deportation procedure by Immigration to get special permission to stay in Japan.

Frequent Q&A

Q.	Is there any difference between “possession and usage of stimulant drugs” and “importing cannabis”?
A.	Generally, the penalty for stimulant drugs is heavier than the penalty for cannabis, but the differences are not significant. However, importing illegal drugs for profit, such as selling to other people or transporting with compensation, is quite serious and the perpetrator will be sentenced 5-10 years imprisonment without suspension from the execution of the sentence.

Q.	Can my daughter get bail even though she is a foreign national?
A.	Yes, if she has a valid visa status and admits her crime, the court will permit her bail. Her nationality is irrelevant to get bail.

Q.	Can my daughter renew her visa period during her detention?
A.	There is a possibility to renew her visa period because a suspect or a defendant is presumed innocent by law until the sentence becomes final and binding. However, your daughter cannot renew her visa status by herself in the detention center; a certified agent permitted by Immigration has to handle the renewal of her visa status. We, the members of Nagoya International Law Office, are all certified agents permitted by the immigration.

Can my daughter renew her visa period during her detention?

There is a possibility to renew her visa period because a suspect or a defendant is presumed innocent by law until the sentence becomes final and binding. However, your daughter cannot renew her visa status by herself in the detention center; a certified agent permitted by Immigration has to handle the renewal of her visa status. We, the members of Nagoya International Law Office, are all certified agents permitted by the immigration.

Q.	Will the immigration officers detain my daughter directly after the sentence with suspension?
A.	No. Two weeks are necessary for the sentence to become final and binding. For these two weeks the immigration officer cannot detain your daughter and she can freely and legally leave Japan. If your daughter continues to stay in Japan more than two weeks after the sentence, she must undergo deportation procedure to leave Japan. However, having a deportation procedure does not mean your daughter will be detained by immigration. The deportation procedure will be carried out without detaining your daughter by immigration.

Will the immigration officers detain my daughter directly after the sentence with suspension?

No. Two weeks are necessary for the sentence to become final and binding. For these two weeks the immigration officer cannot detain your daughter and she can freely and legally leave Japan. If your daughter continues to stay in Japan more than two weeks after the sentence, she must undergo deportation procedure to leave Japan. However, having a deportation procedure does not mean your daughter will be detained by immigration. The deportation procedure will be carried out without detaining your daughter by immigration.

Q.	If my daughter has the “spouse of Japanese national” visa status, can she get special permission to stay in Japan?
A.	Your daughter has a chance to get special permission if her family members are supportive. We can represent your daughter’s deportation procedure in immigration to get special permission to stay in Japan.

Q.	If my daughter has the “Engineer/Specialist in Humanities/International Services” visa status, can she get special permission to stay in Japan?
A.	Unfortunately, the possibility of special permission is quite low. We recommend her to leave Japan within two weeks before the judgment becomes final and binding.

Q.	Can my daughter re-enter Japan after she leaves Japan?
A.	Basically, your daughter cannot enter Japan again for an unlimited period, because criminal records regarding illegal drugs prohibit re-entry into Japan indefinitely.

Visa after a guilty judgment

I have a valid visa status and was sentenced to a guilty judgment with the suspension of the execution of the sentence, can I continue to stay in Japan?

Information

The possibility varies depending on the kind of crime, degree of the judgment and your visa status. The following chart is basic information of the immigration law. However, even if the immigration law stipulates a deportation order, it does not mean you do not have a chance to get special permission to continue to stay in Japan.

If you are sentenced guilty to an illegal drug case,	Results in a deportation procedure regardless of your visa status and degree of judgment
If you are sentenced to imprisonment for more than one year without a suspension from the execution of the sentence,	Results in a deportation procedure regardless of your visa status.
If you are sentenced to imprisonment for one year or less, or if you get a suspension from the execution of the sentence,	If you have Permanent Resident, Spouse of Japanese, Spouse of Permanent Resident, or Long-Term, a deportation procedure may not apply. If you have visa status other than the above, such as Business Manager, Engineer/Specialist in Humanities/International Services, Skilled Worker, Student, Trainee, Dependent, and Designated Activities etc., results in a deportation procedure in most cases.
If you are sentenced fine penalty,	Not result in a deportation procedure regardless of your visa status.

Our Service

We, Nagoya International Law Office, will evaluate your situation whether a deportation procedure applies or not. If the deportation procedure applies, we will represent and help your deportation procedure by Immigration to get special permission to stay in Japan.

Frequent Q&A

Q.	What are the typical cases in which the immigration grants special permissions to stay in Japan?
A.	If you have had marital status with a Japanese citizen or a person with a permanent visa status, this is your first crime in Japan, and you get the suspension of the execution of the sentence, the immigration generally grants special permission to stay in Japan. Another typical case is that you are the third generation of a Japanese descent, this is your first crime in Japan, and you get the suspension of the execution of the sentence.

What are the typical cases in which the immigration grants special permissions to stay in Japan?

If you have had marital status with a Japanese citizen or a person with a permanent visa status, this is your first crime in Japan, and you get the suspension of the execution of the sentence, the immigration generally grants special permission to stay in Japan. Another typical case is that you are the third generation of a Japanese descent, this is your first crime in Japan, and you get the suspension of the execution of the sentence.

Q.	If I have a working visa such as“Engineer/Specialist in Humanities/International Services” do I have a chance to get special permission to stay in Japan?
A.	Unfortunately, the possibility is not very high, but you do not have to give up. We have experience getting special permissions for such persons. It depends on the case, if your crime was not very serious and, for example, you have a good living history in Japan, you have a positive reputation in your company, or you have certain property in Japan, you have a chance to get special permission to stay in Japan.

If I have a working visa such as“Engineer/Specialist in Humanities/International Services” do I have a chance to get special permission to stay in Japan?

Unfortunately, the possibility is not very high, but you do not have to give up. We have experience getting special permissions for such persons. It depends on the case, if your crime was not very serious and, for example, you have a good living history in Japan, you have a positive reputation in your company, or you have certain property in Japan, you have a chance to get special permission to stay in Japan.

Q.	If I leave Japan voluntarily without undergoing a deportation procedure, before the guilty judgment becomes final and binding, can I re-enter Japan?
A.	If your penalty is imprisonment for one year or less, the restriction period is for 5 years. If your penalty is for more than one year or your case is an illegal drug case, the restriction period is indefinite, so generally you cannot re-enter Japan.

Q.	I was rendered a fine punishment. Can I legally keep staying in Japan?
A.	Fine punishment is not subject to deportation order, but it may affect your visa renewal.

Q.	What can I do if the deportation order is rendered?
A.	You can file a formal trial case to revoke the deportation order to the court within 6 months after you are notified your special permission is not accepted.

Illegal Work during Provisional Release

My husband is overstaying in Japan and under the provisional release (Kari-homen) from the immigration. We were waiting for special permission to stay in Japan, but he was arrested because of his illegal work. Does he still have a chance to get special permission to stay in Japan?

Information

Under the provisional release from the immigration, any work is prohibited. However, in some cases, persons who are under the provisional release work illegally to afford their family and are arrested by the police or the immigration. In this case, the degree of the crime is not so serious, but there is a possibility that the immigration may cancel the provisional release and he may lose the chance to get special permission. We strongly do not recommend to work under the provisional release, even though your family is suffering from financial instability.

Our Service

We, Nagoya International Law Office, will try to negotiate with the prosecutor not to indict your husband to court. We also negotiate with Immigration not to cancel the provisional release. In addition, we can represent your husband’s deportation procedure by Immigration. You do not have to give up, even if your husband is arrested for working illegally.

Frequent Q&A

Q.	What will happen to my husband’s employer if my husband is arrested for illegal working?
A.	Your husband’s employer will be arrested for the promotion of illegal working and will be sentenced to at least a fine penalty. Illegal work affects not only your husband’s possibility to get special permission, but also the persons around your husband.

Q.	The renewal date for the provisional release is occurring while my husband is detained at the police station. What can I do for him?
A.	If he does not appear to the immigration on the renewal date for the provisional release, his provisional release will be canceled. It is too late to appear to Immigration immediately after he is released from the police station. He should apply for “the suspension of the execution of his detention” to the court before the renewal date and should appear to the immigration on the renewal date. If your husband is granted permission from the court, the police will bring him to the immigration on the renewal date.

The renewal date for the provisional release is occurring while my husband is detained at the police station. What can I do for him?

If he does not appear to the immigration on the renewal date for the provisional release, his provisional release will be canceled. It is too late to appear to Immigration immediately after he is released from the police station. He should apply for “the suspension of the execution of his detention” to the court before the renewal date and should appear to the immigration on the renewal date. If your husband is granted permission from the court, the police will bring him to the immigration on the renewal date.