Arrest Warrant Denied: Bodily Injury Resulting in Death
Case Overview
- Client Information
- Individual / Suspect
- Case Details
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The Decent Law Firm Criminal Defense Team successfully represented a client facing an arrest warrant for Bodily Injury Resulting in Death. We secured a rejection (denial) of the warrant during the Pre-trial Detention Hearing (Arrest Warrant Review), allowing the client to remain free during the legal process.
The client became involved in an unexpected altercation during a meal with acquaintances. While there was a verbal argument and a minor physical scuffle at the scene, the tragic death of the victim was actually caused by an assault committed by a third party later on.
Despite this, law enforcement labeled our client as a "joint principal offender" (accomplice), claiming he acted in concert with the third party, and subsequently applied for an arrest warrant. However, the factual "joint crime structure" presented by the prosecution was significantly different from what actually occurred.
Decent's Strategy
1. Reinterpreting the Client’s Actions
We proved through objective evidence and witness testimonies that the client was not a participant in the assault. Instead, his actions were intervening and defensive, aimed at stopping a third party from using a weapon and preventing further conflict.
2. Clarifying the Lack of Causation
We logically demonstrated that the client’s actions were temporally and spatially separated from the specific assault that caused the victim's death. This made it legally difficult to hold the client responsible for the fatal outcome.
3. Proving No Risk of Flight or Destruction of Evidence
We provided concrete evidence that the client had been fully cooperative with the investigation. We also highlighted his stable residence, family support system in Korea, and the fact that all key evidence had already been secured by the police, meaning there was no legal necessity for detention.
4. Identifying Procedural Flaws in the Warrant Application
We pointed out a critical procedural error: the arrest warrant application mistakenly included details belonging to a different suspect. This allowed us to challenge the credibility and appropriateness of the entire warrant request.
Results & Significance
The Court accepted Decent Law Firm’s arguments and denied the arrest warrant based on the following:
• Insufficient evidence to substantiate the charge of Bodily Injury Resulting in Death.
• Significant doubt regarding the client’s status as a joint principal offender.
• No risk of the suspect fleeing or destroying evidence.
As a result, the client was released from custody. He is now able to exercise his right to a defense from a position of freedom while preparing for the upcoming trial.
In the Korean legal system, an Arrest Warrant Review (영장실질심사) is not a mere formality. It is a critical turning point that determines the direction of the entire investigation and trial.
Even in serious cases involving fatalities or joint charges, detention is not automatic. Success depends on how you restructure the narrative of the incident, interpret the intent behind your actions, and challenge the legal grounds for detention.
If you are facing an arrest warrant or a pre-trial detention hearing for charges like Bodily Injury Resulting in Death or Joint Assault, you need more than a simple defense—you need a winning strategy.
Decent Law Firm’s Criminal Defense Team is here to provide that solution.
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