Iirc, you can renew your ARC, even if you get a criminal record. I’m not very sure, but, once you exit, you might be denied re-entry. I’ll look for sources later.
The Immigration Act says this:
Article 32 National Immigration Agency shall revoke or repeal a person’s residence permit and cancel his/her Alien Resident Certificate if the person meets one of the following circumstances:
- Has been sentenced to punishments of imprisonment for one (1) year or greater by a judicial authority, whereas a person who commits a crime due to his/her negligence is exempted.
Article 36
The National Immigration Agency shall forcibly deport an alien if he/she commits any of the following offenses:
- Having violated the provisions stated in Paragraphs 1 to 3 of Article 32, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate (ARC)
I’d find it hard to believe you might receive a sentence of over a year if they took it easy on you, but I’d take whatever letter I was sent and see a lawyer. There’s even Legal Aid here that can answer basic questions. It’s certainly possible that the cops might have said one thing and done another, but if you were truly apologetic they may well have taken it easy on you.
Go to a AA meeting and get a 24 hour chip. Worst comes to worst your lawyer or you can show and explains this to the officer or the judge you are in a program to help. This might also be something to help. I can’t say if you’re a alcoholic or not, but it doesn’t hurt to spend 1 hour of your time there for one and most people in meetings are open about things. Just be honest if you want to talk about what happened and you don’t know or think your an alcoholic. No one will judge you. And no one forces you to talk so you don’t have to either. May be an option to show some action vs saying I’m sorry.
Judges in Taiwan in my experience are pretty laid back. Especially many of the younger ones, I notice Taiwan is not flooded with only very old judges. Many of them look maybe 30s 40s. And there’s is usually 3 of them in a criminal trial so that’s kinda unique and prevents one hot headed judge who wants to make a name for himself from just giving you the harshes sentence.
Check the statements they took. They should only have taken statements from you when you sobered up from my understanding.
We already have threads about the irate Iranian and Mr. Tattoo.
Talking about invetsigation, I wonder if someone had slipped something on your drink -not uncommon, and I do not mean just ruffies.
Yes, as soon as the cops turn up all drinking buddies dissappear but at least one should have stayed behind to make sure you were OK. And evaporated as soon as you started throwing punches. But never go throug stuff like this alone. have a buddy as emergency contact, always have witnesses to everything from rental to well, this.
Was wondering the same. Young single foreigner, enjoying the island life… maybe someone wanted to take you down a notch or two?
Germantech, what’s the latest?
That works. the judge will give you a lighter sentence and there might not be a criminal record. Though might need a lawyers help (which I should have done). I assume you are going to the criminal court, try to check if the prosecutor is the government or a person, you might be able to negotiate a settlement.
Still not got my court date yet tango.
Roy. Sorry, what works? Don’t understand that part of ur post. How can I found out what the prosecutor is? Do you mind telling me your situation and how it went down? Many thanks
Also I appreciate the concern about me being spiked etc. But no. This was all my own doing.
When you receive an official summons, check the name of the plaintiff.
Thanks
Hi all, well I got my first letter, but still no court date, I had a friend translate it but she wasn’t really able to tell me exactly what those two charges are for, can someone please help me? Thank you
Criminal Code of the Republic of China
http://law.moj.gov.tw/MOBILE/lawEng.aspx?pcode=c0000001
Chapter 5 Offenses of Obstructing an Officer In Discharge of Duties
妨害公務罪
Article 135
A person who employs threats or violence against a public official who is engaged in the performance of his duties shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than three hundred yuan.
A person who employs threats or violence with purpose to compel a public official to perform an act relating to his public duties, with purpose to obstruct the lawful performance of such public duties, or with purpose to cause such public officials to resign shall be subject to the same punishment.
If the commission of an offense specified in one of the two preceding paragraphs results in the death of a public official, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if it results in aggravated injury, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.
侮辱公務員公署罪
Article 140
A person who offers an insult to a public official during the legal discharge of his duties or publicly offers an insult with respect to the legal discharged of such duties shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than one hundred yuan.
A person who publicly offers an insult to a public office shall be subject to the same punishment.
In Chinese:
中華民國刑法
第 二 編 分則
第 五 章 妨害公務罪
http://law.moj.gov.tw/LawClass/LawParaDeatil.aspx?Pcode=C0000001&LCNOS=+135+++&LCC=2
So according to this it sounds like I am definitely going to jail…
Not necessarily. Jail sentences under a certain length are commutable to fines. They might sentence you to some time and you’ll be out of pocket the appropriate amount in fines (1000nt per day?).
It says