Dear Professor Sean Hayes: I have been charged with the consumption and possession of drugs. I am being held at a detention center south of Seoul. I was arrested in Itaewon and tested positive for THC (marijuana). My home was searched and they found marijuana in my house. What can I do? I don’t want to serve time in jail. Nervously awaiting my fate (summation of a phone call).
Dear Nervous: A major Korean TV network did a comprehensive story on the criminal behavior of English teachers in Korea. In the story, one Canadian teacher contended that two out of every 10 English teachers use drugs and many teachers use fake diplomas. Obviously, the teacher overstated the problem. If these new stories spread, I suspect an increasing number of arrests and prosecutions.
Do not do drugs in Korea. Leave Korea if you have a fake diploma. Eventually you will be caught. I have given this advice in other articles, but regretfully some readers have not heeded my advice.
In all serious criminal cases in Korea, an attorney with substantial experience in handling criminal matters for foreigners is needed. Nervous, it is imperative that you hire an attorney. If you don’t have money to hire one, call your parents and friends and get the money. I had many defendants’ parents charge up credit cards and put second mortgages on their homes.
In most criminal investigations involving drugs, a police officer will obtain information that a certain person is using or selling drugs from other suspects or from undercover agents/informants. After the police arrest you they test you for drugs, search your home and if they believe that you are involved in “hard” drugs or have distributed drugs, they will hold you and request a detention order pending trial.
During the investigation the prosecutor will interrogate through a translator. Usually the questions and answers are a translated into English and Korean, respectively, and recorded in Korean. The suspect is then requested to review and sign the interrogation record that is in Korean. All too often the interrogation record is not an exact reproduction of what was said. The prosecutors often try to encourage certain answers in order to charge more serious crimes. It is strongly advised to obtain an attorney before any statements are made to the prosecutor or police. This will normally lead to a much better outcome for the defendant.
American Attorney Sean Hayes is a professor of law at Kookmin University and Researcher for the Constitutional Court. Direct questions to SeanHayes@ahnse.com or www.ahnse.blogspot.com.