AmCham arrow Publications arrow Topics Archive arrow Topics Archive 2005 arrow Vol.35- No.6 arrow Law: When You're Under Arrest
Law: When You're Under Arrest PDF Print E-mail

Information for an emergency situation that it's better to know, even though the chances are you'll never have to use it.

 

TOPICS readers, it goes without saying, are all responsible, law-abiding citizens. But what happens in Taiwan if -- due to a misunderstanding or an unfortunate traffic incident, for example -- you find yourself taken into police custody? First, unless you already have a lawyer, you had better hope that the incident takes place during office hours -- or else you may wind up scrambling frantically to find some legal assistance.

Most consulates can do little more than provide lists of recommended lawyers and their phone numbers. It is an excellent idea, therefore, to find a lawyer ahead of time. One source is the list of law firms (including many large firms engaged mainly in commercial cases) posted for reference on the website (www.ait.org.tw) of the American Institute in Taiwan, the organization that represents American interests in Taiwan in the absence of formal diplomatic relations. Another option is contacting the Taipei Bar Association, which offers such assistance in English on a special hotline -- 2351-5071 -- available from 2:30 to 4:30 p.m. on Wednesdays and Fridays.

Minimum retainer agreements at top law firms tend to cost NT$100,000 to $200,000 (US$3,000 to $6,000). While smaller firms are cheaper, legal representation will inevitably involve paying a fair chunk of money. Even basic cases may run up costs of NT$50,000 or more.

While AIT provides advice and services to U.S. nationals who run into legal difficulties, Keith Powell II, chief of the consular section, emphasizes that all persons, regardless of nationality, who commit offenses within Taiwan are subject to local jurisdiction. American citizens should not expect preferential treatment from local authorities. All prison sentences must be served in a Taiwan penal facility, as there is no provision under Taiwan law for convicted Americans to serve sentences in the United States. Neither AIT nor the U.S. government can obtain the release of persons incarcerated in Taiwan.

Powell recommends that any U.S. citizens who are arrested should contact AIT immediately or ask the police to do so. In Taipei, AIT's telephone number is (02) 2162-2000, ext. 2306, and in Kaohsiung (07) 238-7744. An AIT Duty Officer is on call 24 hours a day, and can be reached at any time in an emergency. Powell also stresses that those arrested should not sign any statements that they do not fully understand. Suspects have the right to remain silent and to refuse to sign documents.

AIT's responsibilities in such cases include ensuring that Americans who are arrested or incarcerated are treated in a manner consistent with international standards and accorded the same rights as local citizens. AIT officers will attempt to visit those arrested within 48 hours to offer advice about Taiwan's legal system as well as to notify family or friends, and will continue to monitor such cases.

Suspects have the right to an attorney, and AIT strongly encourages American citizens who have been arrested to exercise this right. AIT cannot act as an attorney, nor can it recommend particular lawyers, which is why it is a good idea to set up a relationship with a lawyer in advance. The AIT website also provides thorough information on the legal process.

According to one local lawyer, police require a warrant to search premises and cannot make any arrests without one, unless the incident occurs at a crime scene. The police will escort those arrested and any witnesses to the nearest police station to make a statement. The police have 24 hours before referring the case to the office of the public prosecutor, the equivalent of a district attorney. At that time, decisions are made as to whether arrestees should be detained or released on bail.

English-speaking police from the foreign affairs division are readily available, but statements are written in Chinese. Cheng Chun-yih, a partner with Formosa Transnational Attorneys at Law, recommends that those arrested be 100% sure of what they are signing because "once you do, it counts as evidence and can be used against you." In case of doubt, refuse to sign -- or alternatively, sign but write down any qualifications that are important to the case.

One legal specialist cautions against being too willing to sign. "Often, those arrested want to cooperate or be seen as cooperating with police. That can be a mistake. Any statements can be used against you. You also have the right to remain silent." He also urged anyone who is arrested to be careful not to fall for "good cop, bad cop" routines. "The police are out to make arrests and prosecute cases. They do not always have the best interests of those arrested in mind," he cautions. "Often, the Chinese-speaking cops come down hard, while the friendly English-speaking cop urges you to cooperate."

Cheng further stresses that "my best advice at these times is that you really need a lawyer present -- don't answer any questions or sign anything until you have legal representation no matter how much pressure they put on you." Foreign residents should also realize that police are required by law to tape and record all interrogations. This means that any visits with lawyers or phone conversations could be recorded as well.

In Cheng's opinion, those arrested should state their position, and cooperate, but should be wary of leading questions. While Taipei City police are generally pretty good in that respect, there may be more pressure placed on arrestees elsewhere. "If you find that you are being placed under a lot of pressure, ask that your case be transferred to the public prosecutor's office."

Another common mistake that arrestees make is relying on a Chinese friend to translate statements. "While friends may be able to tell you what statements say, they do not have legal expertise and often do not understand the terms involved. It's better to have a lawyer present to explain these kinds of things to you," says Cheng.

Foreign residents in Taiwan may find, however, that their visas are cancelled despite the fact that they have not been found guilty of any crime. "Granting of visas is an administrative decision and not a right," says Cheng. "Mere involvement in a legal case can sometimes be grounds for revocation."

Ultimately, the best advice remains to avoid getting into trouble in the first place or to make advance preparations. That means seeking legal advice if married to a local to determine the extent of your rights and privileges, especially regarding joint property and custody issues. It also means adopting a more circumspect attitude when heading out to Taipei's many plentiful bars. Many foolish actions have resulted from too much to drink. In addition, stay away from known trouble spots. Why take the risk? Finally, don't even think about getting involved with or using drugs. Numerous foreigners are spending years in jail because of drug offenses.
 
[ Back ]