I was arrested and need advice

me-a-too Mario. me-a too

In all serious, thank you for that link, I will try and find the German equivalent

If you have a help from someone who read chinese, you can look for similar cases here, and will have some idea what kind of penalty you might be charged.
http://jirs.judicial.gov.tw/FJUD

The case below might be similar to your case. The judgement is a suspended sentence of 30days imprisonment or something like that, and it can be converted to a fine of 1000NTD per day.

【裁判字號】 106,簡,1826
【裁判日期】 1060727
【裁判案由】 妨害公務
【裁判全文】
臺灣臺北地方法院刑事簡易判決
106年度簡字第1826號
聲 請 人 臺灣臺北地方法院檢察署檢察官

Thank you so much for that. but after those 30 days will I have to leave Taiwan? Will that be classed as deportable ?

I don’t recall what the income cutoff is, but you may qualify for legal aid. Make an appointment (www.laf.org.tw), explain your family situation, bring supporting documents (ask the tax office for a list of your assets, even if you know the list will be blank), and see if they can help you.

90k is far from their cutoff.

Most likely no record (沒有前科)would be entered against you. At least that’s my experience with minor offenses.

Following up on tando’s idea of using the Judidial Yuan website:

This URL should (at least at the time of this posting) enable a person to translate from Chinese with a Chrome browser by right-clicking and choosing “Translate to (this or that language)” (I think Firefox may have an add-on, or extension, or whatever it’s called, that allows for something similar):

http://jirs.judicial.gov.tw/FJUD/FJUDQRY01M_1.aspx

I got that URL from @olm. I’ve found it helpful at times, because (again, at the time of this posting) it translates the names of courts and other such things on the page.

I’m just pasting a URL; I’m not giving an opinion one way or the other on whether anyone should research cases about this.

check Articles 32, 33, and 36 of Immigration Act. Short answer is no.

I feel for your situation and hope you get a positive outcome. We all make mistakes, and everyone deserves a second chance. However, I’m going to have to be harsh but realistic: You’ve no future in Taiwan. Whether or not the outcome is a fine, a suspended sentence or actual jail time, immigration does in fact store all details on their files on foreigners living here. Especially arrests.

Sure, you won’t be deported if found not guilty/not indicted. That’s technically not allowed. No, all they have to do is simply refuse to update/issue you a new ARC when it’s time to renew or get a new one. They’ll site your arrest as a reason to reject you. Thus sending you home passively. You’ll be forced out, but not kicked out. There’s a difference… You want to get back in Taiwan on a tourist visa? Well, the airport will have your arrest on file and can simply reject you at their will. Asia is that kinda judgemental place like that.

I knew a guy who lived in Taiwan who got arrested for something similar. It didn’t even go to court… Prosecutor didn’t even indict. He continued his job and life went on. Or so he thought… A few months later he went to renew his ARC. He was pulled aside discreetly and told in no uncertain terms he wouldn’t be getting a new one and had 60 days to leave. The reason? They told him their records revealed he was arrested a few months prior. They said he could protest but he’d need a lawyer and it’d take longer than 5 months to process it… At which point he’d already have overstayed his welcome.

While this does seem unfair, it should serve as a reminder and a warning that we are guests in their country. Give them a reason to reject us and they will. If they turned you down for an ARC on account of a past crime in Europe you’d understand that, right? So why would they want to keep, in their eyes, a troublesome foreigner? Of course, I’m sure you’re not but lets face it… Some Taiwanese have anti foreigner sentiments as it is, so we shouldn’t give them an extra big stick to beat us with as you’ve done.

My advice? Save up your money best you can and prepare for life elsewhere. Asia is a vast and interesting place and I’m sure you can find new opportunities and start again.

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Earth is that kind of judgemental place. Any country can reject a visa application and (by default) has no obligation to explain the rejection.

Give them a reason to reject us and they will.

May and will are not the same.

lets face it… Some Taiwanese have anti foreigner sentiments

Oh, I know. Sometimes they even show up here at this site! :smile: I also know they’re not 100% of the people in positions of authority.

Bottom line: OP is in trouble, but let’s not jump to conclusions. :2cents:

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Really worrying post. But I have 2 friends who were arrested, one who was caught we cannabis on him. The other a dui. They have both stayed her and renewed their visas for several years since.

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I sent that post to my lawyer who I hired yesterday (cost more than 10k afraid to say that)

he said that it’s false. When renewing your arc or even getting a new one. You are not subject to a criminal record check the people handling these cases do not have access to a crime database or such thing. When applying for an APRC or marrying a Taiwanese for a spouse permanent residencey. There is a chance it is rejected but for such small crimes he said he has never seen denied. even when you have to provide them what you were arrested for when you apply. He told me that clients he’s worked with must worse crimes were still able to get permenant residence.

So u are either lying for some strange sadistic reason or your friend was lying to you. Seems like a strange lie for your friend to tell you.

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(Speaking as the moderator) I hope we can all stay calm in the face of these allegations of misinformation. :peace_symbol: :slight_smile:

I wished you well and you called me a liar. Nice. It’s not all rainbows and sunshine mate. What I told you was true… Believe it or not. I understand you’re nervous and stressed about the situation, but lashing out is what got you in trouble in the first place. Learn from your mistakes.

Take a breath, listen to various opinions (not only the positive ones) and evaluate your situation.

Also, confessing you’ve mate’s who were caught with drugs on them isn’t helping the situation or endearing you to Taiwanese people.

Maybe time to consider the company you keep if you want to stay on the straight and narrow.

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If your interpretation of immigration law is correct, can you back it up with reference to a specific law/regulation or a specific case?

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I’m well aware of my issues that I have fixed totally. the whole situation has been pretty awful for me, I know it was stupid and I’m well aware of my situation. It was a slip up but something I have fixed. I have evaluated my situation. Making such a matter-of-fact statement like ‘You have no future in taiwan’ coupled with what sounds like a very made up story is odd.

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It’s hard to say. Enforcement of laws and regulations can vary pretty wildly here. What happens one day may not the next and statements of absolute certainty are seldom warranted.

Two cents: having a friend arrested for cannabis doesn’t sound like some dark secret to me. Indeed it may be wise to evaluate relationships, but I don’t think the Taiwanese people are going to take notice.

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You want advice, here it is:

(1) Listen to your lawyer
(2) Don’t listen to the forum

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great and useful advice.
You already hired a lawyer, who knows taiwanese laws and courts. Much more reliable.