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Pre-Trial Detention Hearing in Drug Cases
Why Arrest Warrants Are Frequently Requested in Drug Cases Unlike many other criminal cases, drug offenses often involve the early request of an arrest warrant during the investigation stage. Investigative authorities tend to assess the necessity of detention more strictly due to the particular nature of drug crimes. A drug case does not end with the simple question of “whether there was use.” The core of the investigation lies in identifying distribution channels and accomplice relationships. If authorities believe a suspect may contact related parties to align statements or destroy evidence, the necessity of detention may be recognized. Even where only evidence of personal use exists, investigators frequently trace how the substance was obtained. In doing so, they may examine potential involvement in transportation, storage, or distribution. Even first-time offenders may face detention if they are interpreted as a link within a broader distribution structure. Assuming that “it was only personal use, so it will be fine” can be extremely risky. Three Legal Criteria That Determine Detention Under Article 70 of the Korean Criminal Procedure Act, a judge determines whether detention is necessary. In drug cases, these standards are often applied more rigorously. 1. Establishment of Probable Cause The court examines whether the alleged crime is sufficiently supported by objective evidence, such as positive forensic drug test results, seized materials, and consistency in statements. 2. Risk of Evidence Destruction The possibility of contacting accomplices or transaction counterparts, or deleting digital evidence (e.g., mobile phone data), is a key factor. 3. Risk of Flight The court evaluates whether the suspect has a stable residence, employment, and meaningful social ties, which reduce the likelihood of evading investigation or trial. Defense counsel’s role is to analyze the structure of the prosecution’s detention arguments, identify logical gaps or excessive inferences, and reorganize the narrative persuasively. Statements such as “I do not remember” must be carefully contextualized so they are not misinterpreted as intentional concealment. What Must Be Prepared Before the Detention Hearing The time between a warrant request and the court hearing is extremely limited. The ability to secure objective supporting materials during this window can significantly influence the outcome. 1. Clarification of the Facts It is essential to clearly define the scope of conduct — whether limited to personal use or extending to distribution, brokerage, or sales. Overbroad investigative assumptions should not go unchallenged. 2. Documentation of Social Ties Resident registration records, employment certificates, and letters of support from family members can help demonstrate the absence of flight risk. 3. Demonstration of Rehabilitation Intent Courts carefully consider the risk of reoffending in drug cases. Counseling records, medical appointments, and structured rehabilitation plans may meaningfully reduce concerns about recidivism. Decent Law Firm’s Criminal Defense Team Strategy Decent Law Firm’s dedicated criminal defense team focuses on minimizing detention risk through a structured and strategic approach during urgent warrant proceedings. 1. Detailed Case Record Review We conduct a comprehensive review of available evidence, prior statements, and alleged accomplice relationships to assess realistic detention risk and determine a strategic direction. 2. Structured Analysis of Detention Elements We reorganize the investigation record under the three detention criteria—probable cause, risk of flight, and risk of evidence destruction—to identify and address the court’s primary concerns. 3. Statement Strategy Design We ensure consistency with prior statements while carefully refining wording that could otherwise be misinterpreted. Clear boundaries are established regarding the suspect’s role to prevent expansion of alleged distribution involvement. 4. Collection and Structuring of Supporting Materials Objective documentation relating to residence, employment, family relationships, rehabilitation plans, and the current evidentiary status is gathered and structured into persuasive written submissions. 5. Hearing Preparation We prepare the suspect for likely judicial questions, focusing on concise and consistent responses that align with the record while reducing perceived detention necessity. Early Response Determines the Outcome A warrant request marks a critical turning point in a criminal case. The response at this stage can significantly affect whether the investigation proceeds without detention, as well as future trial strategy and sentencing considerations. If you have been notified of a warrant request or have a detention hearing scheduled, time is extremely limited. Early action determines the result. Decent Law Firm’s Criminal Defense Team provides 24-hour emergency response support for urgent detention matters.
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Essential Steps If You Are Facing a Police Investigation for Drug Courier Charges
Your Initial Response Determines Your Future “We’d like you to come in as a witness for a brief statement.” These words from the police are never just a formality in drug-related cases. In the realm of narcotics investigations, a "witness interview" is often the final bridge before officially designating someone as a suspect. 1. The Reality of Being Contacted as a 'Drug Courier' If the police have reached out to you, it likely means you have already been identified through digital forensics, bank statements, or delivery invoices. The Turning Point: A single statement during your interview can instantly flip your status from a witness to a suspect. The Trap of 'Willful Blindness': Simply claiming "I didn't know" is rarely enough. Authorities will aggressively look for evidence of mens rea (criminal intent)—the idea that you should have suspected something was illegal. Risk of Emergency Arrest: While strictly regulated, if contradictions are found in your initial statement or if there is a perceived risk of destroying evidence, you could face an emergency arrest on the spot. 2. Why You Must Never Attend an Interview Alone Drug crimes carry significantly higher penalties than general criminal cases. Even for first-time offenders, the likelihood of imprisonment is high. Severe Penalties: Narcotics Control Act (Article 60): Transporting psychotropic drugs can lead to up to 10 years in prison or a fine of up to 100 million KRW. Act on Aggravated Punishment, etc. of Specific Crimes (Article 11): If the act was committed for profit, the penalty increases to life imprisonment or a minimum of 5 years. Admissibility of Statements: Phrases like "I don't recall clearly" are often documented as an "attempt to conceal the crime," becoming powerful evidence for conviction in court. The Danger of Accomplice Testimony: Narcotics rings often shift the blame onto couriers to protect higher-ups. Without a lawyer, it is nearly impossible to challenge the credibility of these conflicting testimonies. 3. [Checklist] 5 Things to Organize Before Your Interview Before stepping into a police station, you must review the facts based on objective evidence (messages, call logs, etc.): Category Key Details Contact Origin When, who, and via which platform (KakaoTalk, Telegram, etc.) contacted you? Task Description Specifically, what were you instructed to receive, deliver, or transfer? Compensation Did you receive a fee, cryptocurrency, or cash? How much was the total? Awareness of Content What were you told was inside the package? What did you honestly believe it was? Chronological Actions Have you mapped out your physical movements in order of time? 4. Immediate Actions to Take Deleting evidence or avoiding contact is the worst decision you can make. You must consult an expert attorney immediately to: Legal Diagnosis: Determine your current status and the actual risk of arrest. Statement Strategy: Design the most favorable scenario—whether to confess, deny, or partially admit. Exercising Rights: Strategically use your Right to Remain Silent to block unfavorable questioning. Counsel Attendance: Your lawyer will accompany you to the interview to prevent coercive questioning and review the official records in real-time. 5. Decent Law Firm’s Criminal Defense System In drug cases, speed and expertise are everything. Decent Law Firm operates a dedicated defense system to protect our clients' lives. In-depth Fact Analysis: We review all digital records before the interview to anticipate the prosecution’s strategy. Blocking Illegally Obtained Evidence: We aggressively challenge any procedural violations (e.g., coercive interrogation or illegal search and seizure). Proactive Mitigation: We prepare "sentencing factors" (e.g., letters of remorse, rehabilitation efforts) from the very beginning to minimize potential penalties. [Disclaimer] This content is for general informational purposes only and does not constitute legal advice. Every case is unique and requires a direct consultation with a qualified attorney. Have you been contacted by the police? Whether your situation is viewed as a 'simple errand' or 'criminal conspiracy' depends entirely on your first interview. Don’t wait until it’s too late. Would you like to schedule an English-speaking consultation or receive a preliminary assessment of your case?
