What to do if you are stopped by the police
In Japan, there are many reported incidents of police stopping foreigners and requesting to see their residence cards. While it is technically illegal for police officers to stop a foreign person and demand to see proof of residency for absolutely no reason, unfortunately, it does happen occasionally. They may have a reason such as “a crime occured recently in this neighborhood.” They may not be able to communicate a reason to you because of language barriers. If you are stopped by the police, try to cooperate as calmly as possible. If you feel that your rights were infringed upon by a police stop, ask your supervisor to help you make a complaint to the police station.
What to do if you get arrested
Contact your embassy. They will be the only organization that can help you once you have been arrested. If given the opportunity, do try and contact your CO as well, but your embassy will contact them for you once they are aware of your situation. Japan’s arrest laws are likely different than your home country. Here is a breakdown of what will happen if you get arrested:
“Under Japanese law, you may be arrested and detained without bail for 48 hours by the police on suspicion of having committed a crime. During this period, the police are required to inform you of the crime of which you are suspected, of your right to remain silent, of your right to hire a lawyer at your own expense, of your right to request a court-appointed lawyer, and of your right to have the Embassy or the Consulate notified of your arrest.
If an arrestee is unable to hire a lawyer, he or she can request a court-appointed lawyer. However, the police usually begin their initial questioning before you have an opportunity to see a lawyer.
If the police believe they have enough evidence to detain you, they must present this evidence to a public prosecutor within the initial 48-hour detention period. The suspect appears before the prosecutor when the police present the evidence. If the prosecutor concurs, he/she must then obtain a warrant of detention from a judge within 24 hours. Again, the suspect would appear before the judge when the warrant is requested. A case could be dropped at either of these stages for lack of evidence, or the investigation may continue.
If an arrestee is unable to hire an attorney, he or she may be entitled to receive a court- appointed attorney if certain conditions are met. If you are interested in a court-appointed attorney, please advise the police, the prosecutor, or the judge.
NOTE: Anyone arrested can request for an attorney on duty (Toban Bengoshi) from the nearest bar association who can visit you once free of charge. Simply ask the police to contact the “Toban Bengoshi” for you. The police has telephone numbers for the nearest bar association for “Toban Bengoshi.” This information is also available on the Japan Federation of Bar Associations website.” {information from the US Embassy website}
Legal Support
KumamotoJET recommends trying this resource:
Japan Legal Support Center （法テラス）
Provides FREE legal support (debt, divorce, labor, accidents, disasters, etc.) over the phone in English, Chinese, Portuguese, Spanish, or Tagalog. Available weekdays 9am – 5pm. For more information check out their website.
To use the service follow these directions:
- Call an interpretation service at 03-5366-6008
- Tell the interpreter the content of your inquiry
- The interpreter will connect you to the nearest, most appropriate legal support center
- Consult with a legal professional through the interpreter over the phone