Question from a reader:
I am currently detained for the use and possession of marijuana, and I have no family. Can I request a public defender from the place where I am detained? Also, I filed for personal bankruptcy a year ago, and I have saved about 500,000 yen after working a bit since then. Is it not possible to request
a public defender if that is all my assets?

Regarding Detention for Marijuana Use or Possession and the Use of Public Defenders

Hello, discussing legal matters might feel a bit stiff, but in reality, the world of law is closely connected to our daily lives. Today, I would like to think about “how and under what conditions to request a public defender when detained for marijuana use or possession.”

What is a Public Defender?

First, let’s touch on what a public defender is. A public defender is a lawyer appointed by the government for individuals who cannot afford legal representation in criminal cases. In other words, you don’t need to worry about not being able to defend yourself due to lack of funds. This is precisely a system designed to maintain the equality of justice.

Can You Request a Public Defender While Detained?

Now, let’s directly answer your question. It is possible to request a public defender while you are detained. Typically, there are designated times in detention facilities when you can meet with a lawyer, and you can use that time to request a public defender. I personally helped a friend who was arrested to call a lawyer directly from the detention center. At first, he was confused, thinking, “How do I call a lawyer?” But as he researched the flow of criminal cases and the necessary documents, he realized that it could progress surprisingly smoothly. So, please don’t worry and proceed with the process.

What Are the Requirements for Requesting a Public Defender?

The requirement for requesting a public defender is that “you must not have sufficient financial means.” Specifically, it is recognized when your assets or income fall below a certain threshold. This threshold may vary by region, but generally, it applies to “people receiving public assistance” or “those with very low income.” Considering your situation, you mentioned having about 500,000 yen in savings after filing for bankruptcy. How this amount is evaluated is important. When considering life after bankruptcy, taking into account future living expenses, medical costs, and educational expenses, 500,000 yen is certainly not a large amount.

Specific Examples of Asset Evaluation

For example, I know someone who has also experienced detention. At that time, he had only about 300,000 yen in savings and was heavily in debt. When he requested a public defender, he explained his savings, debts, and living expenses in detail. As a result, the court took his financial situation into account and approved his request for a public defender. Therefore, if you explain your financial situation in detail, I believe you have a high chance of being able to request a public defender.

How to Request a Public Defender

Let’s also explain a bit more specifically how to request a public defender. To request a lawyer while in detention, the first step is to inform the staff at the detention facility of your intention. The staff will guide you through the necessary procedures, so follow their instructions from there. Additionally, it is important to bring documents or information to prove that you do not have sufficient financial means. This will help the court make a smoother judgment.

The Importance of Understanding Your Rights

What’s crucial here is understanding your own rights. The world of law may seem difficult, but knowing your rights and asserting them is important. When my friend was arrested, he was able to secure a lawyer because he understood his rights well. If you also understand your situation clearly and carry out the necessary procedures, it often leads to good outcomes. It’s important to communicate effectively with your lawyer and honestly convey your opinions and circumstances.

In Conclusion

The world of law can sometimes be complex and challenging. However, for someone like you who can seriously think about your rights and situation, there is a high possibility of receiving good support. I sincerely hope that your situation improves, even slightly, through a public defender. I would be happy if this blog can help you in any way. If you have any questions, feel free to ask. The world of law is vast, but let’s overcome it together.