12/4/2004

Q. Help. I’ve been arrested. I need a lawyer.

A. Well first thing find out if you have actually been arrested (Taiho)

The Japanese police have a wide latitude in detaining and holding suspects without actually arresting them. You might simply be ‘helping’ the police with their enquires or you are being held while you make a statement about your side of the story.

If this is the case then a lawyer will not be able to help you in any practical way. Save that step for later.

Even if your Japanese language skills are excellent it is far better at this stage for you to ask for an interpreter before answering any questions or especially making a statement. You have that right and the police have a list of court registered interpreters in most common languages.

An interpreter will be able to accurately explain to you the police’s questions and then correctly interpreter your answers. An interpreter will also assist you in checking the details of your statement before you sign it.

Remember that statement is the core document that the police and prosecutors will use to make any decisions regarding further action so it had better be a clear reflection of your story. Once you’ve signed it, don’t ever change the story that it tells.

Many non Japanese have found themselves in hot water because they weren’t able to clearly explain what happened and ended up signing a document saying something completely at odds with what they meant to say.