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Ensure that your attorney is an English-speaking MAN. He needs to speak English to make his meeting with you more smooth and easy. If a translator is always necessary this would reduce the amount of meetings you could have.
If your Japanese is excellent it should be no problem but even the best Japanese speakers will likely have trouble with complex legal jargon. Although it is highly recommended that you do contact your Embassy, it is also highly unlikely that they will be able to help you at all. Like it or not the institutions of power view you as a threat and you have been arrested. You are now beyond the reach of your government.
They can provide legal advice and likely let your loved ones at home know about your situation but beyond that they can do very little. The Embassy cannot get you out, but they can do a few things. First, they can visit you, make sure you are healthy and not being subjected to clear physical abuse. This is a very powerful deterrent to someone who might otherwise resort to these activities. Knowing that someone is coming to check on you, someone who could cause trouble, is a deterrent. Your embassy can also bring English literature, or whatever language you speak, and as stated above can contact your loved ones at home.
Finally, it can be very refreshing to have an unmonitored conversation in your native tongue and to know that at least someone knows where you are and what has happened to you. The Japanese police are obliged by international treaties to allow you to contact and be visited by your embassy. Insist that this occurs. Also, it should be said that all embassies are not created equal. American, Britain, Germany, Canada and Australia are generally respected and the visits you receive will be regular.
Mexico, Bangladesh and the Philippines, not so much. The conditions of confinement both at the police stations and at the regional detention centers are designed to foster two reactions: The conditions at the police stations can vary wildly depending on which station one finds ones self at and the level of attention both positive and negative that one gets from the guards. All police officers spend some time working as detention center guards at some point. They cycle through for 2 or 3 years and then go back out working the streets or other special duties.
Conversely many fresh new officers also pull detention duty early on.
Your relationship with these guards can make things much worse or much less uncomfortable. Generally, you will be in a cell with other men. You spend the days sitting on the floor or standing in the cell. You are not allowed to lay down, and the futons are stowed in a closet every morning and retrieved for sleep every night. They are not comfortable. You may read books if friends have brought them for you or if you have an interest in the police stations extremely shabby library which consists of books left by former guests, complete with messages and mental notes including anecdotes considering suicide.
Do not expect to find English Literature abundant or even present.
The meals are all Japanese and are of poor quality. The average daily caloric intake is around kcal or a bit higher if you have money in your account to order a proper lunch box on the days that is allowed. There are no such things as snacks or drinks at the police station detention centers however this changes once you are moved to the regional detention center, this transfer indicating you are absolutely being prosecuted. Plan to lose weight, almost all foreigners do, up to 5 kilograms within the first week and 15 within 6 weeks.
Bathing is done once every 5 days as a group with your cell mates and it too is Japanese style. You are watched by an officer while bathing. Visitors are allowed during the weekdays however if you plan to speak a language other than Japanese, an interpreter must be present at your expense.
During all visitations except those of your lawyer or your embassy an officer will be present transcribing what is being said. At the police stations these visits are a maximum of 10 minutes and can be shorter if they are busy. Again, ones relationship with the guards is important in this case. If you are simply visiting Japan, or if you live here but have very western life style habits, then being incarcerated in Japan will be more difficult for you.
Other languages are not permitted even if another foreigner is nearby. The daily routine is strictly observed and kept. It is a humiliating experience. What you can do to make it more bearable is to relax. Follow the rules and stay with the group. Being in solitary confinement, in your own room, is no more physically uncomfortable however mentally it is more taxing and isolating.
A great deal of information and advice can be gotten from other inmates and guards so build rapport and be polite. Respect the guards and take every opportunity to build rapport without seeming needing. Japanese jail is not like its counter part in America; the gangsters generally respect the police, and the police them. Never ask for favors, you wont get them. However, it is likely that they will be interested in you. If you have been arrested for drugs or sexual assault, do everything you can to appear sorry for your actions and ready to rehabilitate but be prepared for a more cynical reaction from the guards.
Conversely, if you are arrested on assault charges, particularly against another foreigner, it is likely that you will get some sort of grudging respect from the police. Most cases in Japan, both civil and criminal and the corresponding punishments are largely effected by paying some sort of restitution or fine. A relatively simple assault charge, a fist fight with some broken noses in a commercial establishment, can avoid prosecution by offering a payment to the victim, perhaps 10, US or 1,, million yen and a formal, written apology.
Money here says much more than it does in the western criminal justice system. In Japan, money is the ultimate apology, the ultimate thank you, and the ultimate expression of love. If you tell your lawyer or the prosecutor how much money you have to work with, then they will take that from you. You have to be aware of this, and play your hand carefully. You have to tell your loved ones or friends that might be contacted by your lawyer or anyone else to make it clear that you have very little money if any at all while still keeping the attorney involved.
Being arrested, charged with something you may or may not deserve and being humiliated is bad enough. There is no good reason to add 3 or 4 years of debt onto everything unless it is absolutely necessary. More info on Criminal Justice in Japan. Basically, the answer here is 3 weeks. If you are detained after this point it is because the prosecutor has sufficient confidence that he can convict you and is bringing you up on charges.
In some very sensitive cases visitation might be limited but usually you will be allowed to visit someone being detained at a police station. Be prepared to fill out some paper work when you visit though. Also, bring ID and if you or your friend cannot speak Japanese unless you are very lucky you will have to pay to arrange a translator. This is expensive and time-consuming. Also, the time allotted for your visit will be short, 20 minutes is a best case scenario and anything you say can be used as evidence in the ongoing investigation.
I am being told to pay a large amount of money to the victim and I think it is excessive. What can I do? These documents are taken seriously by the court and are a close second to simply paying the full amount upfront. Once you are out however you can simply defer payment of the final amount indefinitely. There is little recourse for the other party beyond a civil suit which is costly and incredibly time-consuming. For any amount under fifty million yen it is unlikely that they would pursue this as long as you avoid flagrantly telling them to fuck off.
What can we do? Japan is obligated to allow these visits based on International law, even if they delay such meetings early on.
Really good article — a lot of the similar issues happened to me during my issues with the police a few years ago. I went to police so when they interviewed her, she told them I touched her child…. I was not deported from Japan and still had my job BIG company in Japan however my lawyer strongly advised that I leave and due to her still contacting me after the case ended, I should be careful.
I chose to return West. Try coming on a tourist visa?
Avoid marrying anyone Japanese altogether and just give up the dream? Money is no object. For example, nobody from immigration ever actually wanted to know about my criminal record.
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It only came up with them when I was redflagged having over stayed. The chances are, all you need is a valid reason to be back in Japan. If money is truly no object, have a lawyer help you set up a small company and then sponsor yourself. If money is kinda no object, then come over on a student visa with a Japanese language school. Or just come over as a tourist and get married. Hi there, thanks for the reply. But for example, I went to one when I had overstayed, during my suspended sentence, and was told I had no options and I would be deported. Well, I managed to get a special residence visa.
Then, due to a miscommunication with an immigration official and my own idiocy, I overstayed again by 24 hours and had to do the whole process again. The people I know who were banned all got 10 years. However, this was before the immigration reforms a few years ago. But really, worst case scenario, what happens? You could fly back, book a ticket to Los Cabos and spend a week sipping margaritas on the beach, writing a guest post for us on your experience.
I left Japan in April of and have not had the opportunity to go back, although I have transited Narita on the way to Bangkok several times. In December of I had an incident with another guy on a scooter. We had a confrontation and the police came an got me from my room and took me to the police station. But they allowed me to leave the country for my planned visit home the following day. I did return after my vacation to finish up my business as I promised. I think it was at that point that they fingerprinted me.
I lived at the same address for half a year after this incident, never receiving any contact from the police. I worked at the same school for my last four years in Japan and was contactable, I think, as the ward office from a previous address was able to track me down for some taxes I owed. It is also true that I exited and entered the country numerous times for school and personal trips. When I left the country, immigration took note of my one-way ticket, asked if I planned to return, and when I said no, they walked me to a room and had me sign away my alien card.
The police officer that I spoke with on my return said that perhaps nothing would come of the incident, and it would seem that was the case.
But the fingerprinting process has me a little concerned. I did read what you said to others about Immigration not being concerned with police cases. Do you think I have anything to worry about here, and likewise do you know anything about statutes of limitation in any case. By the way, no punches thrown, no broken noses. IF you never went to court, at this point, the incident is not an issue. It would only re-surface if you were arrested again. The reason I have such ongoing immigration issues is because of my history with immigration, not the police.
I was detained for 21 days last year on bogus charges of indecent exposure. After 48 hours I was fingerprinted and my picture was taken.
When the prosecutor overstepped and I blew their case into pieces, I was threatened, released, and there was no prosecution. I am renewing my visa in a few weeks hoping for permanent and I am wondering if this case will come up at immigration. I am also leaving the country for a week at the end of this month and I am wondering like others if the fingerprints will show a red flag when I come back into the country.
As far as I know, yes, you have an arrest record with the police. You have never been convicted of any crime. I have friends with multiple arrests and several months of accumulated jail time who have no immigration issues. The conviction is what matters. At this point anyway, if they ever go fully digital at the police stations instead of mounds and mounds of paperwork, this will change. But right now, safe. Thanks for the detailed information I really liked this article.
My partner and I are in Japan, long story short he was arrested yesterday morning for graffiti. I am told 12 days he will be in holding, we have flights booked for the 3rd of April and it seems making it home then is unlikely. Embassy is calling me tomorrow, I am beside myself with worry and reading this has freaked me out, do you know if graffiti charges are similar to what you have written? They will probably hold him for days and then he will be out. You should be able to go visit him. It will make him feel much better.
So there is no way he will be out for the 3rd of April to fly home? Thanks for taking the time to comment back to me. He MIGHT be out by the 3rd but generally, for something petty and no charges pressed, they hold the person for about 10 days to get the point across. You should be able to visit soon.
Just keep going to the police station, be cool, and ask to see him. Making your presence known is a good thing and totally legal, nothing wrong with it. If you have a Japanese friend get them to go with you. Not sure how your language skills are.
Unfortunately my Japanese is pretty limited, but spoke to someone who works at the police station that speaks relatively ok English. I do have a Japanese friend but in a different part of Japan, he said he will call for me tomorrow. Thanks again for getting back to me! Yeah and they might take into account that you two have tickets and are leaving the country.
Refresh and try again. Larry Knipfing Goodreads Author ,. Larry is now friends with Teresa Velardi. May 05, Larry rated a book it was amazing. Dec 01, Larry wants to read. The Master and Margarita by Mikhail Bulgakov. The Name of the Rose by Umberto Eco. The Great Gatsby by F. Brave New World by Aldous Huxley. The Catcher in the Rye by J. Search for a book to add a reference. Oct 27, Well, it might be a while before I have time to actually start entering the books I've read.
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