Kitasenju Criminal Lawyer | Berry Best Law Office Consultation

Berry Best Law Office Kitasenju Office

[Subject to support]Berry Best Law Office Kitasenju Office

What our office is keeping in mind

We will tell you what our office lawyers are trying to keep in mind when dealing with clients.

We listen carefully to your client’s stories and trust you.

Our office has been acquitted and multiple non-indicted cases subject to lay judge trials. I think there are two important things to do to obtain an acquittal or non-indictment.

One is to listen carefully to the client’s story and trust them. Prosecutors will indict you because the suspects are sufficient, and some lawyers may believe that even if the client pleads not guilty, it is not true.

It is said that the conviction rate for criminal trials in Japan is 99.9%. Therefore, some lawyers think that it is impossible to win an acquittal even if they plead not guilty, and try to force their clients to give up. However, it is important to trust your client and make your argument based on that story.

Second, I believe that it is important to have the skills to trust the client’s statement and to communicate to investigative agencies and judges that “this person is innocent.” In particular, in lay judge trials, it is necessary to ensure that the public can accurately communicate that “this person is innocent.” Needless to say, solid criminal defense skills backed by extensive knowledge and experience are required.

We will communicate with you in a way that is tailored to your clients

Whether you have a disability or not, we also explain things in criminal cases and other cases in simple terms so that the client can understand them. Depending on the client’s level of understanding, we also strive to communicate in a way such as one sentence, one sentence, shortened, by placing only one information in one sentence, so that the client can understand without confusion.

People with disabilities must also be aware of how they communicate. Some people may not be good at verbal communication, so in that case we may write text on paper to explain it, summarize the details of the story in writing, and then hand it out to the client at a later date. They may also draw and explain things.

When listening to the story, I also try to treat them with a receptive attitude, such as openly asking questions so that the client can speak to them.

In criminal cases, it is important to have 72 hours of defense after arrest, so we are conscious of speed, such as predicting future developments in the case and preparing in advance, but we try to listen carefully to the client’s stories.

We will work with an eye on the outcome of the incident, such as preventing recidivism for the client’s future.

For example, in the case of theft, motives can be broadly divided into mental disorders such as resale purposes, hardships in daily life, and creptomania (theft disorder). Whenever you are asked about theft, what I always try to ask is about motivation.

If the cause is difficult to live your life, the client may consider ways to earn income, review his household finances, and in some cases he may consider debt settlement. If you have been stealing multiple times, you may think that you may have some kind of mental disorder. Other than creptomania, dementia and developmental disorders may also be the cause.

Identifying the cause of theft and preventing recidivism is one of the most important factors in defending circumstances. Also, even if you are avoided from being indicted when you are the first offence, you may end up committing the same crime if you do not identify the cause and take care of it. When you receive a request, we are conscious of defending your client’s future.

We will accept the victim’s feelings properly and negotiate the settlement.

We deal with the victim as our agents, but we take care of the victim’s feelings into consideration so that the victim’s disadvantages can be resolved in the form of settlement.

Some victims do not want to agree to a settlement, but once the criminal case is over, there is a high possibility that the victim will not be able to receive financial compensation unless they file a civil lawsuit themselves.

We will do our best to properly accept the victim’s feelings, communicate and understand the feelings to the client, and then explain to the victim that it is a benefit to the victim and make them convinced.

Introducing a case study

We will introduce cases where a criminal case has been resolved at our office, where a person has been found not guilty or cases where a person is not indicted.

Case 1: Case where a person was found not guilty in a lay judge trial

The client was charged with arresting, confinement, injury, and robbery in a case in which a large number of main offenders assaulted the victim, stealing the money and goods, and imprisoning the victim in the car for a long time. At the time of the indictment, he was charged with arrest, confinement, injury, and robbery.
During the pretrial settlement procedure, the case was changed to arrest and confinement, aiding and abetting the crime, and aiding the robber and injuring the victim, but the trial was decided to proceed in a lay judge’s trial.

The main issues were whether the client knew that the real offenders were committed criminal acts, whether they intentionally carried out an act that would facilitate the execution of the real offender, and whether the client’s actions were aided or abetting.

As a result of the appropriate evaluation of the lay judges, the intentional aid and abetting act were denied, and the abetting was obtained, and the abetting was obtained.

Case 2: Case where arrested but was detained, and a settlement was concluded and the person was not prosecuted.

The client broke into an unlocked house, stole underwear and ran away. The police contacted us at a later date, so the client came to our office to consult with us before appearing in attendance. If they appear in the house, they are likely to be arrested for burglary and theft, and have received a formal request, so even if they are arrested, they are able to contact the client immediately.

On the day of the arrest, our office’s lawyers met, and after the visit, we immediately contacted the president and partner of the client’s workplace and asked him to become a supervisor. After submitting an opinion to the investigative agency, the detention request was denied.

A settlement was also reached with the victim, and the victim was able to obtain a no-prosecution punishment. It took about two weeks from the time we received the consultation until the time we resolved it.

Case 3: The crime was committed several months after the suspension was over, but was able to obtain a sentence with suspended sentence again.

The client had entered the school grounds several times without permission for peer purposes, and was spotted by school officials. Those who thought that reporting witnesses would be the starting point for the police investigation had consulted our office considering turning themselves in. This is because he had previously been sentenced to suspended sentences in a similar case, and it had only been a few months since the suspension was over.

As a result of a lawyer accompanying him and turning himself in to the police, the client was arrested on charges of burglarying the building, but after the charges he was granted bail and was able to return home. He was found to have appeared in the court himself and attended a specialized treatment institution after bail, and was once again sentenced with suspended sentence.

It had not been long since the suspension for a crime of the same type had ended, and there was a high possibility of a prison sentence, but before the police investigation began, the client consulted with our office and took action such as turning himself in or going to a medical institution, which led to the acquisition of a suspended sentence.

Please consult early before it’s too late

If a family member is arrested, many people probably don’t know what happened or who to talk to when.

There may be cases where the police information is incorrect, so I would like you to avoid taking what you hear from the police, and first know the accurate information about what happened and what the arrested person perceived for it.

Criminal cases become too late over time, so it is important to consult with us early. First, please contact us who are well versed in criminal defense. We will explain what will happen in the future. Let’s work together to figure out what your family can do to deal with this.

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Adachi Ward, Tokyo

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