While in Japan i was hanging out with coworkers at a bar, there was a gap in my memorie where i do not know what time i left the bar and what time i got home, however the next moring i herd multiple stories about how i tried to rape a co worker and others on how i tried to kill her. I left to the states the next day and found out that the cops in japan where doing an invistigation however i was never questioned and a co worker has informed me that the police in Japan has contacted interpole about me leaving. My question is, Is there any way i can get charded for this in the states, is there any way for me to know if i have charges in japan, what are the charges and what steps should i take toward this, what kind of lawyer should i get?
Country relating to Question: United States
State (if USA): Texas
Hello. Thank you for your question
It appears that this all happened recently. Would that be correct?
yes it has
To start, any prosecution would take place in Japan. The alleged crimes were committed in Japan, so that is where they would have to be prosecuted--under Japanese law in the Japanese courts.
but how would i find out what i would be charged with?
First, you would have to actually be charged.
how would i know if i am charged?
and is there anything she can do in the states?
and should i get a lawyer?
Until there are actually charges against you, there is no way of knowing for certain. Attempted rape and attempted murder are crimes in Japan, so if they felt that there was enough evidence to successfully prosecute a case, those would be potential charges.
So that we don't get confused, let's try to ask and answer one question at a time. The next question was "how would I know if I am charged?"
International criminal enforcement is not a quick or easy process. Japan must make a request to the United States to extradite the accused. The U.S. would examine the charges; if it is determined that Japan has jurisdiction and that the charges are potentially valid, the accused would be arrested and put into Japanese custody. It probably sounds much simpler than it actually is.
But before being extradited, the accused would have the opportunity to contest the grounds for extradition. So it isn't like they would come to your house and put you on a plane that afternoon. There would be a court appearance in between at which the accused is given the opportunity to appear with legal counsel.
One would generally find out that they had a warrant for their arrest and extradition upon being contacted by the Department of Justice.
Does that make sense so far?
so far yes, i faild to mention that the co worker is an american citizen and will be coming back to the states this week.
From a criminal perspective, what matters is where the alleged crime was committed; not where the accused or alleged victim reside or hold citizenship. That leads me into your second question of "is there anything she can do in the states?"
Quite simply, a person may only be prosecuted where the alleged crime is committed.
You also asked about getting a lawyer. I would recommend at least consulting with a criminal defense attorney in person to discuss your case. If you are contacted by any law enforcement agency, you would have someone already familiar with your case to step in and help. Oftentimes, the defendant makes their situation worse during the early phases of an investigation by saying the wrong things to law enforcement; having an attorney ready is wise if it is a financial option.
im 5'9 and i weigh 189 and the girl is about 5'5 and weighs 150 i have no scratches or bruises or marks on my body i have taken pictures and will take video of my body and face is there anything else i can do to help me in the situatuion
i also have co workers that would testify that i am not an agressive person
That's a good start. Generally, when facing accusations of a crime, it is critical to preserve any evidence that may help or undermine the prosecution's evidence. However, really, the best thing that you can do is not talk to anyone in law enforcement if you are contacted and get a defense attorney on stand-by.
There are plenty of ways to prove things in these situations, just like there are lots of ways to prove things in life. How would you prove that you went to the grocery store today? You might show a receipt of purchase. You may have a credit card record. Perhaps you ran into someone at the store that recognized you and would remember your being there. Maybe you were issued a traffic citation outside the store's parking lot. You would also have groceries from the store in your home. You know what the truth is, you would just need to show someone else how they can know it too.
Does that make sense?
i have been calling into work all week they said that there where probably going to fire me but said since it was not a work related incedent that there is not much they can do, should i go back to work
Is your co-worker going to be there?
I will start by saying that, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough in-person consultation with counsel. But that said, there is normally no legal reason to keep from going to work simply because a co-worker has accused you of a crime. It is important to not discuss the facts of the case except through an attorney because any statements you make could be used against you later. Legally, however, there would normally be no reason to not go into work.
Obviously, you wouldn't want to pick a fight with your co-worker, and if you believe that you might be confrontational with her then that would be reason to consider staying out of the workplace, but ordinarily it would not be a legal problem.
What are your thoughts at this point?
i really need to work, especialy now but i am undecieded about going to work and i have never been in trouble with the law
What is your reservation about going to work?
What are you afraid might happen?
she is a really loud person and i am afraid she might start accusing me or make a scene in front of all of the coworkers and manegers
That is a reasonable feeling, but it leaves you with a choice that you have to make. Are you going to allow yourself to be bullied out of your job? You can't control what other people do--only what you do. If she makes a scene, that is her choice, but if you allow yourself to be out of work, that is your choice. I am not suggesting that it is the wrong choice because that is not my decision, but you are giving her that control by not going to work.
yes, thank you
Certainly. It is a complex situation, but it is logistically very hard to prosecute a case outside of the country. For example, the accuser would likely have to travel back to appear in person in court. The extradition process is also very difficult, as previously explained in part. If the evidence is not rock-solid, it normally would just end up being dismissed.
Did you have any other questions?
Attorney experienced in numerous areas of law.
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