I was arrested and need advice

No-one posting here does so in the capacity of a lawyer unless specified as such.

We don’t have the full text of Germantech’s court document (it’s only page 2), but it appears to indicate that he is suspected of violating Art. 135 Par. 1 and Art. 140 Par. 1, as Tando said.

1 Like

Be VERY contrite at your court appearance and pray you have a lenient judge and prosecutor. In the meantime, try to hire the best English-speaking lawyer you can afford. Enroll in an alcohol treatment or recovery program if you haven’t already. Perhaps do some volunteer work you can show to the court as evidence of your character. And just take things day by day without going off the deep end.

2 Likes

I don’t know Chinese, so my piecing-together of this may be in error, but anyway, the scanned document also appears to say (if I didn’t mess up trying to copy the characters):

I think the above line in Chinese refers to Article 451 of the Code of Criminal Procedure, which concerns summary proceedings. Below is an English translation of Article 451 of the Code of Criminal Procedure:

http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0010001&DF=&SNo=451

I don’t know if the above will help. I just posted it in case it does.

Edited to add a little note: In quoting the scanned document, I pasted this character: 判 . However, the corresponding character in the document seems to have a horizontal line instead of the “upside-down eight,” “alternative eight” (I just call 'em rabbit ears), or whatever those two marks are at the top of the character. But I guess it means the same thing, because the Ministry of Justice’s Chinese version of Article 451 also has the rabbit-ear one:

I believe it’s a standard 判. The photo’s just a little blurry.

While we’re at it, zhongwen.com would have us believe the “ears” are actually a 八, via 半 (which also includes a 牛 but missing the horn).

1 Like

Thanks for the information, @yyy.

So everyone is helping with translation and possible interpretation of the law, but any guesses on what helps him navigate this process culturally? Get a lawyer? What type of lawyer and from where? Should he tell his company (come clean) and ask for help? Go back to the original police station, bring his note, and apologize again? Talk to the prosecutor? Do the diplomatic offices help with anything like this–maybe send a low worker to the first day of the trial? Is there anyone in other office worth talking with? Immigration? In my home country I’d have some idea of how to proceed but no idea of what he should do here.

DrewCutz gave some very good cultural advice a few posts ago.

4 Likes

Just to answer my own question, (and this is more for my home country), but I’d think it would be in your interest to “come clean” to whoever you can. Take the boss aside and say “two months ago I did something really stupid…”, schedule a visit at the German diplomatic office to see if they can recommend a lawyer or other help, interview some lawyer, maybe go to the prosecutors office and just do the “I’m really sorry, I’m a foreigner, I want to make this right but I need advice on how to be a good defendant.” I’d also come clean to family back home, because you may need to come up with cash quickly.

The flip side of this, is don’t beat yourself up too much. Forgive yourself as best you can. No permanent damage was done and you’ve learned your lesson. You may have to pay in some for as punishment or restitution but no need to punish yourself. A lot of could have done what you did and this type of thing is somewhat common. (Come to think of it a good friend’s son in law punched a police officer, although it may have helped that his father in law was a cop.) Also, don’t just get internet help, talk to real people: family members, a counselor, a pastor or priest.

This is just for people’s information. I’m not advocating anything, but I thought it might not be a bad idea to post some more law, bearing in mind that it’s possible that the translation doesn’t convey all the meaning, and that it could convey a meaning affirmatively different from the original.

Code of Criminal Procedure Article 455-1 seems to give a defendant a right of appeal from a summary judgment.

http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0010001&DF=&SNo=455.1

This Code of Criminal Procedure Article (455-2) looks something like a plea-agreement or plea-bargain article:

http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0010001&DF=&SNo=455.2

Code of Criminal Procedure Article 455-3 seems to deal with canceling the plea-bargain:

http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0010001&DF=&SNo=455.3

Code of Criminal Procedure Article 455-4 seems to discuss the circumstances under which the court may not grant a plea bargain:

http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=C0010001&DF=&SNo=455.4

There are other Code of Criminal Procedure articles that discuss plea-bargains. The ones I’ve seen so far are numbered 455 plus a dash plus a number, but for using the search function, a dot is used instead of a dash.

http://law.moj.gov.tw/Eng/LawClass/LawContent.aspx?PCODE=C0010001

1 Like

I really Appreciate all the kind words and support guys. As for lawyers. I really can’t afford one if I’m honest. I make 90k a month and my rent is 23k I have no savings and am having to send money back to support my brother at the moment. I really don’t want to tell my boss or anyone in fact. I’m super ashamed about it. Just so glad the footage hasn’t turned up on apple daily or something.

Haven’t had a single drink since that night though and it really has changed me.

Why are you supporting your brother? Can’t he support himself?

If the footage hasn’t shown up yet, it probably won’t. At least you’re getting 90k. I’m only making 60 a month, and still supporting wife and child. Can’t your parents pitch in to help you out? Do they know your situation?

According to Google Translate, the German equivalent of “Hang in there!” is “Halte durch!”

If that’s so, then Halte durch! :slight_smile:

You need a lawyer now. You’ll need a lawyer anyway.
So, pay one now. If he keeps it out of court, it can be as little as 10 000NTD and you’ll be off this case easily.
If this goes to court, you’ll need a lawyer and it will be very expensive, more like 70 000 for the first trial and another 70 000 for a repeal plus all the other expenses they will make you pay.

You have more than enough to consult a lawyer now.

1 Like

If I read it correctly, this is a summary court, so the court might make a judgement without hearing from any related parties. The document says if you (and any paties) have something to say, provide it in a written form as soon as possible.

I too agree to get a lawyer. And paying some fee will probably avoid jail time. Did you make any apologies to the officers?

Look at Chiayi mayor that paid and had sentence reduced. Wow, that’ll teach him…LOL. So money does help here…

AIT has a description of what they can do/recommend for those who have committed a crime (I’d imagine the German office can do something similar). It sounds like deportation is a possibility for a conviction, right? I would definitely try to get some cash together and talk to a lawyer who can tell you how this goes. https://www.ait.org.tw/u-s-citizen-services/arrest-of-a-u-s-citizen/

Where can i find a lawyer to speak to for 10k? I’d happily do that now

You really cannot afford not to have one. Who’s going to send money to your brother if you are in prison or deported? With 90K a month and 23K rent for someone who is not drinking you can well afford to have a good lawyer.

1 Like

You are right. The police officers (all of them in the station) told me over and over again that this would just be a fine, I guess I’ve just assumed I wouldn’t need one. the longer it’s gone on the more worried I have gotten, the truth is they have no idea what the outcome would be.

You could email the notice to several of these lawyers (check the ones who mention criminal) and ask how much they would charge for a consultation: https://www.ait.org.tw/wp-content/uploads/sites/269/2017/08/List-of-Attorneys-July-2017.pdf

I hope it is just a fine and no trouble, but I think it’s a great idea to talk to someone who has handled similar cases.