Emergency Arrest in Korea: Why the First 48 Hours Are Critical
Once a suspect is arrested in South Korea, the police and prosecution must decide within 48 hours whether to request a detention warrant (imprisonment pending trial) or release the individual.
During this brief window, critical procedures take place:
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1–2 rounds of police interrogation.
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Search and seizure of mobile phones and residence.
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Formalization of criminal charges.
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Consultation with the prosecution regarding the necessity of detention.
The initial police report created during this time often dictates the entire outcome of the case. Therefore, immediate intervention by a criminal defense lawyer to manage statements and control legal procedures is paramount.
1. The Role of the Lawyer Immediately After Arrest
Decent Law Firm’s specialized criminal defense team visits the suspect immediately upon arrest. We identify the cause and circumstances of the arrest and quickly determine the best strategy: whether to construct a specific narrative or to exercise the right to remain silent.
Since it is extremely difficult to retract early statements later, setting the initial direction is vital. We also review:
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Whether the requirements for "Emergency Arrest" were met.
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Whether a "Flagrant Delicament" (caught in the act) arrest was applicable.
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If Miranda rights were properly read during a warrant arrest.
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If search and seizure procedures exceeded their legal scope.
We block leading questions during interrogations and protect the suspect from making distorted or self-incriminating statements.
2. Strategy to Prevent a Detention Warrant
Police and prosecutors determine the necessity of detention based on flight risk, risk of destroying evidence, severity of the crime, and lack of social ties.
The Decent Law Firm Criminal Defense Team rapidly secures evidence to prove the suspect's stability and reliability:
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Proof of stable residence, employment, and family ties.
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Evidence that the suspect’s role in the alleged crime was limited.
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Arguments that most evidence has already been secured (negating the risk of destruction).
If a warrant application is expected, we prepare legal opinions for the Warrant Review Hearing (Habeas Corpus) and coach the suspect on how to answer the judge’s questions. Proper initial preparation significantly increases the chances of the warrant being dismissed.
3. What the Family Should Do Immediately
Families often panic and fail to act, but their role is crucial.
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Locate the Suspect: Find out where they are detained and who the investigating officer is.
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Hire a Lawyer: Secure a criminal defense lawyer immediately.
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Avoid Bad Advice: Do not tell the suspect to "just tell the truth" without legal counsel; this can backfire.
- Gather Documents: Prepare documents proving the suspect's residence, job, and family relationships to help the lawyer build a defense against detention.
4. Decent Law Firm’s 48-Hour Response System
At Decent Law Firm, we know that speed is everything in arrest cases. We operate a specialized system that focuses intensely on the first 48 hours:
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Immediate Visitation: To control initial statements.
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Procedural Check: To identify any illegalities in the arrest or search process.
- Warrant Defense: To prepare for the substantive review hearing immediately.
The records left in the first few hours can decide the verdict. If you or a loved one is currently under arrest or facing a crisis, contact Decent Law Firm without delay. We are ready to fight for you.
