rach 1 Posted March 15, 2010 Share Posted March 15, 2010 We hear that a lot in the movies and on tv. But I don't 'have a solicitor' or know of anyone who does. Do you? Why? I'm curious! Link to post Share on other sites
kintaro 0 Posted March 15, 2010 Share Posted March 15, 2010 I don't keep one on hold for criminal purposes but if you are inclined to criminal activities you should have a lawyer speak on your behalf. Your Miranda Rights allow you to remain silent until you have a chance to speak to a lawyer or be appointed one. Having said that, I DO have a regular tax lawyer that I use. Tax laws are way too complicated and change too frequently for me to handle on my own. So if the IRS were to question me, I would insist on having my lawyer with me during an audit, etc. Link to post Share on other sites
pie-eater 207 Posted March 15, 2010 Share Posted March 15, 2010 My cousin is a lawyer so I always have him. Maybe. Other than that, know none. Link to post Share on other sites
stemik 14 Posted March 15, 2010 Share Posted March 15, 2010 no attorney but have used a company a few times in the past. Another questions - anyone on here have a will? Link to post Share on other sites
HelperElfMissy 42 Posted March 15, 2010 Share Posted March 15, 2010 Lawyer ... no, except those that are retained as required ...using a solicitor for property settlement at the moment, but I have personally never had need of a criminal lawyer. I have however been in the offices of a fair few during the course of my work, AND a fair few law courts as well. They can fairly easily be retained as required. Will...yes. Although at this stage our wills say "I give it all to him/her, and if they are gone first, to the kids." I have seen my parents and my grandmothers evolve over the decades to be much more specific (I am the executor) - so I am sure we will review before too long, especially as the minors become adults. Link to post Share on other sites
Go Native 70 Posted March 15, 2010 Share Posted March 15, 2010 You live in Japan rach so it's completely different here anyway. There is really no presumption of innocence in Japan. If the police have taken you into custody then you are presumed guilty and the police can hold you then for something like 21 days without actually charging you. During that time you will be subjected to various forms of mental (if not physical) torture to attempt to get you to confess to the crime. Whilst being questioned by the police you do not have a right to have a lawyer present and they do not have to tape or film the interrogation. In Japan they really do not make a case based on evidence like in most other countries, it's all about the confession. If they don't get a confession they rarely go to court with the case. Which is why they have a ridiculous 99% or so conviction rate. From what I understand the main role of a defense lawyer in criminal cases in Japan is to attempt to determine who has accused you of the crime (you won't be told who it is) and see if they can negotiate a payoff for them to drop the charges. That's about the extent of their role. You should keep a number for a lawyer with you though as one will not be appointed to you if you don't get one yourself. From what I've read about other peoples experiences is if the police take you into custody here the best thing to do is to say absolutely nothing. Remember there is a presumption you are guilty so really there's nothing you can actually say to change that and anything you do say may well be used against you. So best not to say a thing at all (hard to do for up to 21 days!). And under no circumstances whatsoever should you sign anything. The police have been known to lie, especially to foreigners who cannot read Kanji, and get them to sign a confession that they didn't even say. Basically criminal law in this country would be laughable if so many innocent people didn't get 'persuaded' to confess crimes they didn't commit. Obviously such a system is rife with corruption and it's amazing it has managed to survive into this millennium but as we all know change comes very, very slowly in this country. Link to post Share on other sites
Chriselle 158 Posted March 15, 2010 Share Posted March 15, 2010 But....But....I love Japan.. Link to post Share on other sites
scouser 4 Posted March 16, 2010 Share Posted March 16, 2010 Made a simple will last summer. Link to post Share on other sites
Go Native 70 Posted March 16, 2010 Share Posted March 16, 2010 Originally Posted By: Chriselle But....But....I love Japan.. Me too! Just try and stay on the good side of the law! There are many stories of foreigners here being locked up after someone has accused them of something. Firstly as most of us know for many years the government and the police have often tried to make it out that most of the crime in this country is almost solely the fault of foreigners. Suspicions in some areas of foreigners can often run pretty high. Some cities have even put up signs specifically warning the local populace to beware of foreigners!! So it's not unusual for foreigners to get accused of things they had nothing to do with. And with no physical evidence whatsoever to support the accusations you can still find yourself in police lockup for a few weeks whilst they try and get you to confess. Not fun! Link to post Share on other sites
BagOfCrisps 24 Posted March 16, 2010 Share Posted March 16, 2010 Quote: Some cities have even put up signs specifically warning the local populace to beware of foreigners!! Seriously?! Link to post Share on other sites
marblehead 0 Posted March 16, 2010 Share Posted March 16, 2010 Don't want to use wide brushes here, but I have heard some of the "gaijin accused of something he has nothing to do with" a few times. Is it always really the case? No smoke to indicate even the smallest of fires? Totally 100% innocent? I really doubt it myself. Link to post Share on other sites
Chriselle 158 Posted March 16, 2010 Share Posted March 16, 2010 Originally Posted By: BagOfCrisps Quote: Some cities have even put up signs specifically warning the local populace to beware of foreigners!! Seriously?! Yep! My "I love Japan" post above was cynically sarcastic. The honeymoon stage ended many years ago. Link to post Share on other sites
panhead_pete 27 Posted March 16, 2010 Share Posted March 16, 2010 I used to leave a hefty retainer with a prominent law firm in a past life. If served two purposes. One I'd get an immeadiate response if I needed advice (help) and second it was a nice way to stash some money away that wasn't on anyone's radar. Now I was told to memorise this and still know it, when being questioned by police repeat after me... "I have done nothing wrong nor have nothing to hide but my lawyer has advised me to say nothing more until he arrives. That is the only statement I will make at this moment". Then just shut up. I love my lawyers.... but havent needed one in a LONG time and have since spent the retainer on nice things now that I am a nice man Link to post Share on other sites
Go Native 70 Posted March 16, 2010 Share Posted March 16, 2010 Originally Posted By: marblehead Don't want to use wide brushes here, but I have heard some of the "gaijin accused of something he has nothing to do with" a few times. Is it always really the case? No smoke to indicate even the smallest of fires? Totally 100% innocent? I really doubt it myself. No every single gaijin ever accused of anything in Japan has always been 100% innocent! Of course some gaijin commit crime! There's plenty of stuff out there if you can be bothered searching for it though to suggest the police in this country completely overstate the amount of crime committed by NJ (non Japanese) residents. This country has done a very good job from the top down to make the populace very wary of NJ residents and blame a lot of the bad things that happen here, many would argue very unfairly and totally disproportionately, on the small percentage of total population of NJ residents. It's a very xenophobic country but hey I still love living here. Doesn't mean I have to look at everything with rose coloured glasses. Link to post Share on other sites
marblehead 0 Posted March 16, 2010 Share Posted March 16, 2010 Quote: There's plenty of stuff out there if you can be bothered searching for it though to suggest the police in this country completely overstate the amount of crime committed by NJ My guess is that to a certain extent many countries are the same. Completely overstating is different to "locking (them) up after someone has accused them of something". Link to post Share on other sites
Go Native 70 Posted March 16, 2010 Share Posted March 16, 2010 Here is one person's account of when the police came for them. There's plenty more stories if you care to search. http://noiman.com/gefaengnisd.html I'm not suggesting it happens all the time but it does happen. Another interesting thing some here may not be aware of. If you are a resident of Japan you are not required to show your passport or gaijin card when checking into a hotel. I know most ask for it. Just tell them you live here and fill out your address on the check in form. You are not required to show ID for them to photocopy, that's only for tourists not those of us who live here. Link to post Share on other sites
marblehead 0 Posted March 16, 2010 Share Posted March 16, 2010 What a lovely story. Who's to say it's not a load of made-up bullshit? And regardless of whether it is true or not, I am sure very similar stories can be found in (*insert any county name*). People also tend to tell their side of a story leaving out details that may be less than favorable to themselves. Quote: Doesn't mean I have to look at everything with rose coloured glasses. A handy oft-said comment, sometimes used by those who like to wear the shit-stained variety of glasses. Link to post Share on other sites
Metabo Oyaji 71 Posted March 16, 2010 Share Posted March 16, 2010 Originally Posted By: Go Native If you are a resident of Japan you are not required to show your passport or gaijin card when checking into a hotel. I know most ask for it. I don't think I've never been asked, as far as I can recall. Is that common around Niseko? Link to post Share on other sites
Tubby Beaver 209 Posted March 16, 2010 Share Posted March 16, 2010 Another handy oft-said comment is "I've got nothing to hide" by people who feel that ID cards, CCTV and Big Brother-like policing/government is a good idea. That's becuase you've never been on the wrong side of a stitch up by the boys in Blue. Link to post Share on other sites
marblehead 0 Posted March 16, 2010 Share Posted March 16, 2010 Right, I see. Me and every single person that I know must just be really really really lucky then. (For the record I don't think Big Brother-like policing/government is a good idea). Link to post Share on other sites
Go Native 70 Posted March 16, 2010 Share Posted March 16, 2010 Ah I see you're one of those gaijins who believes as 'guests' here we have no right to complain about anything. I'm also tipping you probably aren't intending on spending the rest of your life here so it matters little to you how NJ residents are treated because you won't be here long enough for it really to matter to you, hell you can head home anytime anyway if you stop liking it. marblehead I have long had an interest in human rights and politics and law and I was someone who actively participated in trying to improve things when I lived in Australia and I take a very active interest in similar things now I live here. I love Japan and love living here. That doesn't mean that everything about this country is perfect. And the argument that bad things happen in other countries as well is not a very good argument against trying to stop similar bad things from happening here. I honestly don't give a toss about other countries that much currently. I live here and care what happens here. I'm bringing up a child who although born here is not considered Japanese because her parents are both foreigners. I would like to see treatment of foreigners in this country improve for her sake and for the sake of all of us NJ residents. And as a property and business owner who employs Japanese people, who has had his first child here and who is committed to living the rest of my life here I do not have the 'guest' mentality you seem to have. Link to post Share on other sites
marblehead 0 Posted March 16, 2010 Share Posted March 16, 2010 Originally Posted By: Go Native Ah I see you're one of those gaijins who believes as 'guests' here we have no right to complain about anything. Absolutely not. Where did you get that from? I certainly didn't say it. I didn't imply it either. Originally Posted By: Go Native I'm also tipping you probably aren't intending on spending the rest of your life here so it matters little to you how NJ residents are treated because you won't be here long enough for it really to matter to you, hell you can head home anytime anyway if you stop liking it. Incorrect. I have permenant residency and have no plans to leave. Link to post Share on other sites
Go Native 70 Posted March 16, 2010 Share Posted March 16, 2010 Where'd I get it from? Every post I've made you've replied with posts suggesting that my information may be incorrect including using the ridiculous argument of 'oh it's just as bad in other countries'. You are coming across as either a denialist or apologist for some of the bad stuff that can go on in this country. As I said I absolutely love living here but that doesn't mean I close my eyes to eyes to things I don't like. If you want to start another thread asking for things we love about this country believe me I can easily fill a page or two or three. There's still plenty I'd like to see changed though. Link to post Share on other sites
marblehead 0 Posted March 16, 2010 Share Posted March 16, 2010 Originally Posted By: Go Native Where'd I get it from? Every post I've made you've replied with posts suggesting that my information may be incorrect including using the ridiculous argument of 'oh it's just as bad in other countries'. You are coming across as either a denialist or apologist for some of the bad stuff that can go on in this country. As I said I absolutely love living here but that doesn't mean I close my eyes to eyes to things I don't like. If you want to start another thread asking for things we love about this country believe me I can easily fill a page or two or three. There's still plenty I'd like to see changed though. Oh. right. I am neither a 'denialist' or 'apologist', though you are seemingly convinced I am. I must be wrong, lucky etc etc and of course 'ridiculous' for suggesting that other places are not perfect, even though that was in no way the main point anyway. But, very well done! Not worth continuing (and I'm sure you'll have fun with that comment too, so... fire away!) Link to post Share on other sites
Chriselle 158 Posted March 16, 2010 Share Posted March 16, 2010 Right, I see. Me and every single person that I know must just be really really really lucky then. Yes, touch wood. Link to post Share on other sites
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