An Arrest Warrant Has Been Requested — What You Must Do Right Now
What Is a Detention Hearing (Pre-Arrest Warrant Review)?
A detention hearing in Korea is a court procedure where a judge decides whether a suspect should be detained after a prosecutor files for an arrest warrant.
This system was introduced through amendments to the Korean Criminal Procedure Act in 1995 and has been fully implemented since 1997. Its purpose is to ensure that the suspect is given an opportunity to explain their position before being detained.
At the hearing, the judge does not determine guilt or innocence. Instead, the judge evaluates whether detention is necessary based on the following factors:
- Whether the suspect has a stable residence (this includes actual living arrangements, family ties, and employment — not just the registered address)
- Whether there is a risk of evidence destruction
- Whether there is a risk of flight
In short, the key issue is not “Did the suspect commit the crime?” but rather “Is detention necessary at this stage?”
What Happens If the Warrant Is Granted or Denied?
| Outcome | Meaning | Next Steps |
|---|---|---|
| Warrant Denied | No detention | Investigation and trial proceed while the suspect remains free |
| Warrant Issued | Detention in a detention center | Investigation and trial proceed while the suspect is in custody |
| Reapplication | Prosecutor may refile after supplementing the case | Another detention hearing may be held (if the original grounds for denial are not resolved, it may be denied again) |
If the warrant is denied, the suspect can prepare their defense while remaining at liberty.
If the warrant is issued, the suspect will be detained, which significantly restricts both daily life and the ability to prepare a legal defense.
This makes the detention hearing a critical turning point in the entire criminal process.
The 24-Hour Golden Window — What Your Lawyer Does
The period immediately following a warrant request is often referred to as the “golden 24 hours.” During this time, the role of a defense lawyer is crucial.
A lawyer does far more than provide general assistance. The goal is to persuasively demonstrate to the court that detention is unnecessary.
Key actions include:
- Quickly analyzing the suspect’s situation and the prosecution’s claims
- Preparing and submitting a written legal opinion to the court before the hearing
- Presenting evidence of:
- Residential stability
- Employment and family ties
- Willingness to cooperate with the investigation
- Lack of risk of evidence destruction
- Attending the hearing with the suspect and responding directly to the judge’s questions
Even with the same allegations, the outcome can vary significantly depending on how the defense is prepared and presented.
A detention hearing is not a procedure you should face unprepared.
Your Response Starts the Moment You Are Notified
Once you are informed that an arrest warrant has been requested, the response must begin immediately.
At Decent Law Firm, our criminal defense team provides rapid and strategic support from the moment a warrant request is made — from preparing for the detention hearing to developing a non-custodial defense strategy.
Our focus is on:
- Quickly understanding the facts of the case
- Identifying the most effective defense approach within a limited timeframe
- Presenting a structured and persuasive argument to prevent detention
If you or someone close to you is facing an arrest warrant request in Korea, seek legal assistance without delay. Time is the most critical factor.
