criminal defense

In most cases, the police require a warrant in order to arrest someone.  To obtain a warrant the police, or public prosecutor, must present evidence to a judge who then will issue a warrant if convinced that there is probable cause to suspect that the target of the warrant has committed a crime.  The lengthy process of obtaining a warrant protects the public from baseless arrests but there are two main exceptions.  First, warrants need not be obtained for flagrant offenders who are caught in the commission of a crime or immediately thereafter.  Second, in cases of great urgency where […]

The goals of the Japan Legal Support Center (JLSC) extend beyond providing legal support to financially disadvantaged individuals.  Another important goal of the JLSC is helping victims of crimes by providing support and acting as a referral agency to help victims and their families deal with the multitude of legal issues that they face.  The JLSC can provide information regarding the criminal justice system and the potential for recovery of damages.  If necessary, the JLSC can also refer crime victims to an attorney to help them with their case or potentially help the client by advancing legal fees if the […]

In 2004 the Japanese government passed a law to create a jury-like system for Japanese criminal trials.  In 2008 that legislation was put into force as the saiban-in system.

Japanese law allows the police to detain a suspect after arrest for up to 48 hours.  During this period, the police must inform the suspect of the crime he or she is suspected of having committed, of the right to remain silent and the right to a lawyer (provided for free if the suspect does not have the money).  In the case of foreign suspects, the police should also ask if the suspect would like his or her consulate informed of the arrest.  Before the 48 hours expire, the police also must choose whether to refer the suspect and supporting evidence […]