Korean Pretrial Detention: Korean Criminal Law Basics

Korea allows a prosecutor, via approval by a court, the right to hold a defendant pending trial in a criminal case for up to 180 days.  The approval by the Court is the granting of a Pretrial Detention Warrant, also, often referred to, in English, as Korean Arrest Warrant.  In most cases, a decision, in a criminal case, must be rendered within 180 days of the time of the detention or the Defendant must be released from detention prior to the rendering of the judgment by the court.  While bail is possible, in Korea, bail is not typically granted.  In the not so distant past, when a prosecutor requested a Pretrial Detention Warrant (Pretrial Arrest Warrant), the court nearly universally approved this Pretrial Detention Warrant. Prosecutors, normally, rarely fail to obtain a Pretrial Detention Warrant, however, with a proactive Korean Defense Attorney, often a release pending the disposition in a case

Continue reading

English-Speaking Criminal Defense Lawyers in Korea: Defense Lawyers to Hire and Not to Hire?

In all cases, in Korea, where you are accused of a crime and you fear that you may be sentenced to time in jail, may be deported or the conviction may harm your future, hire, quickly, an experienced and proactive English-Fluent Korean criminal defense lawyers prior to any interrogations by the Korean police or prosecution.Sadly, few lawyers, in Korea, are useful for criminal matters, since few lawyers are proactive when it comes to matters concerning the Korean government, experienced in criminal matters for foreigners or willing to upset the status quo (aggressively engage the prosecutor and court). Please do yourself a favor, forgo any options provided at no or low cost unless you have no other options.  The reality is the most important decision you shall make, at this time, is the choice of a lawyer. If you are under SOFA, you may choose any lawyer you want as noted

Continue reading