If you become a party of a criminal case one day, you might get confused how to deal with it and to which lawyer you should ask to defense you.
Here we explain the possibility of arrest and empathetically respond in order to prevent from arrest.
1. Defense Activities Not To Get Arrested
- Accompany to the police station;
- Give advices on how to respond to questioning;
- Request to the police not to arrest the suspect and work on it not to do so;
- Work on the police not to make the case public or not to report it.
2. Q&A Regarding a Case That You May Get Arrested
Q1: If it is true that I have committed a crime, will I inevitably get arrested? And will I get a previous conviction?
Even though there is the fact constituting the crime, you will not necessarily get arrested.
In principle, only when there is a suspicion that the suspect has committed a crime (grounds for arrest), there is a risk to destroy evidence and flee (necessity to arrest), and the court permits the police to arrest him/her, the suspect will get arrested. (Note: there are exceptions such as arrest of a flagrant offender.)
Moreover, concerning the crimes punishable with a fine of not more than 300,000 yen (20,000 yen in a case of other crimes than criminal offences), misdemeanor imprisonment without work, or petty fine, according to the pettiness of the case, only if the suspect has no fixed residence, or the suspect does not obey the request for appearance without a reasonable ground, the police may arrest the suspect.
A person has a previous conviction (「前科」zenka) only when the person was convicted in a criminal trial. Whether a public prosecutor institutes prosecution is left to his discretion. In consideration of the gravity of the crime, the past criminal record, the feelings of the victims, and other various factors, the suspect may not be prosecuted even though the crime is confirmed, if the suspect him/herself profoundly reflects on what he/she had committed and it is considered his/her recommitment unlikely. (suspension of prosecution) Once the prosecutor decided not to prosecute the suspect, a criminal trial will not be held, so he/she will not have a previous conviction (however, even in this case the suspect will have a criminal record).
Q2: How should I do not to get arrested?
As mentioned above, one will get arrested when there are the grounds and necessity to do so. If one voluntarily appeared at the police station and sincerely respond to voluntary questioning by the police, he/she may not get arrested as the police considers the suspect may not flee. It is preferable to consult with a lawyer about how to deal with the situation before voluntary appearance and questioning. By contraries, if one works on the persons related to the case, he/she may be get arrested as the police suspects him/her of concealing evidence.
Further, in a case of having the victim, the prior out-of-court settlement with them can increase the potential of not getting arrested. However, when an assailant personally attempts a settlement negotiation with the victim, the settlement has a low potential for success (rather, which increase the potential of rubbing victims the wrong way). A calm negotiation through a lawyer allows the out-of- court settlement in amounts satisfactory both to the assailant and the victims. Also, as the victims get excited more and more by the day, appointing with a lawyer as early as possible is more likely to leads to a successful settlement.
Q3: Once reported to the police, will I get arrested immediately?
Voluntarily appearing and accompanying to the police station does not necessarily mean that one will get arrested.
If the suspect appeared voluntarily at the police station and responded to questioning in a serious manner, the suspect may not get arrested as there is no risk to flee.
However, the police may arrest the suspect when the police may have already prepared for an arrest warrant and planned to request the suspect for accompanying or appearing voluntarily, or the suspicion against him/her strengthened at the police investigation after the appearance.
More, if the suspect works on the parties concerned such as the victim, or the suspect conceals evidence, the police may determine that he/she are destroying or concealing evidence and arrest him/her.
Q4: I am rejecting the appearance request from the police. Will I get arrested?
When there is a suspicion of having committed a crime (grounds for arrest) and there is a risk of concealing evidence or fleeing (necessity to arrest), an arrest warrant will be issued.
Considered that the police requested for appearance, it seems that there is the suspicion and the grounds for arrest is met.
Then, is the necessity to arrest acknowledged?
The rejection of the request for appearance is just one of various factors indicating the risk of fleeing or destroying/concealing evidence. It is considered that the necessity to arrest is determined considering the number of times of the rejection together with the suspect’s age and circumstances.
Therefore, with only one-time rejection of the request for appearance the suspect is unlikely to get arrested immediately; however, if he/she rejects it many times, it will be determined that there is the necessity to arrest and the potential of getting arrested strengthens. If one has any reasons to be unable to go to the police, it is safe to call the police to adjust the schedule.
AICHI Criminal Cases Law Firm provides with “free consultation” personally given by our rich experienced criminal lawyers. In cases where the suspect got arrested, our law firm provides with “the first interview service” that our lawyers visit to interview with the suspect at the earliest on that very day.