Criminal Defense for Foreign Nationals in Taiwan

Criminal Lawyer for Foreigners Arrested or Detained in Taiwan

If your family member has been arrested, detained, or questioned in Taiwan, the first hours and days can be extremely confusing—especially when the family is overseas and unfamiliar with Taiwan's legal system. FDLAW assists foreign nationals facing criminal investigation, detention, prosecution, and trial in Taiwan. Our lawyers can communicate in English, meet detained defendants where legally permitted, review available case information, explain the process to authorized family members, and develop a defense strategy based on the evidence and charges involved.

English communication available. Overseas family members may contact us by telephone, LINE, or email.

For overseas families

Has Your Family Member Been Arrested or Detained in Taiwan?

If the person has received an official notice to appear, review our guide on what to do after receiving a criminal summons in Taiwan, including how to identify the person's procedural status and prepare relevant records.

First, try to confirm the person's full legal name, nationality, date of birth, and current location. They may be at an airport police unit, a local police station, a district prosecutors office, a court, or a detention center. If you have received a notice, photograph, case number, or message from an officer, preserve it and send it to the lawyer.

An arrest, temporary custody for questioning, a prosecutor's investigation, and court-ordered detention are different procedural stages. A family may hear only that the person has been “taken away” and may not yet know the alleged charge or whether a court has ordered detention. Taiwan criminal procedure may differ substantially from the system in the person's home country, so early clarification matters.

Language barriers and limited contact can make the situation more alarming. A defense lawyer can contact the relevant authority through lawful channels, assess what can be confirmed, communicate with the defendant when permitted, and explain practical next steps. The lawyer cannot promise release or a particular result, but early involvement can help protect the defendant's rights and preserve useful evidence.

Immediate legal support

What Does a Criminal Lawyer in Taiwan Do?

A criminal lawyer in Taiwan identifies the alleged offense, the authority handling the matter, and the defendant's current procedural status. Counsel may advise before police questioning, attend proceedings when permitted, examine whether interpretation and written records are accurate, address detention issues, collect evidence, prepare submissions, and represent the defendant through prosecution, trial, and appeal where applicable.

For foreign nationals, the work also includes explaining unfamiliar procedure in clear English, coordinating overseas documents and witnesses, and distinguishing urgent decisions from matters that can wait. The available steps depend on the charge, evidence, location of the defendant, and stage of the case; representation is therefore tailored to the actual record rather than a standard promise of outcome.

Communicate and clarify

Meet or communicate with the defendant where legally permitted, explain the allegation and rights, and reduce misunderstandings caused by language or unfamiliar procedure.

Protect the investigation record

Attend questioning or other proceedings when the law permits, advise on statements, and check whether interpretation and the written record accurately reflect what was said.

Address detention

Review the stated grounds for detention, prepare arguments and supporting material, and consider lawful applications or remedies relating to detention, bail, custody, residence restrictions, or travel restrictions. Our guide to criminal detention in Taiwan explains the principal detention risks and how counsel may respond.

Build the evidence

Collect messages, travel records, financial records, business documents, witness information, and other material from Taiwan or overseas that may support the defense.

Prepare submissions

Present factual and legal arguments to prosecutors or courts through the appropriate procedure and review available case files or evidence at the stage allowed by law.

Represent through trial

Develop the defense theory, examine prosecution evidence, prepare hearings and witness issues, represent the defendant at trial, and advise on appeal when applicable.

Direct English Contact

Charles Lee

Managing Partner, FDLAW
English-Speaking Taiwan Criminal Defense Lawyer

PhD in Law, Newcastle University, United Kingdom

Charles Lee, Managing Partner of FDLAW, communicates directly in English with foreign clients and overseas family members in serious criminal cases. He assists with detention, drug trafficking, drug smuggling, international criminal investigations and criminal trials in Taiwan.

Foreign Nationals Arrested for Drug Trafficking or Drug Smuggling in Taiwan

Drug transportation and importation allegations are among the most serious criminal charges a foreign national may face in Taiwan. Cases may begin with drugs discovered in luggage, parcels, food, gifts or another concealed compartment at an airport or other point of entry.

These cases require more than a general criminal-law overview. Important issues may include the statutory drug category, the exact transportation or smuggling allegation, detention, who supplied or packed the luggage, complete communications, travel arrangements, financial records, digital evidence, and whether the prosecution can prove that the defendant actually knew or foresaw that narcotics were concealed.

FDLAW has created a dedicated service page for foreign defendants and overseas families facing these allegations.

Taiwan Drug Trafficking & Drug Smuggling Lawyer

Published Case Result

FDLAW has published a case involving an American defendant who was found not guilty at first instance after approximately 2,087 grams of heroin were discovered in luggage he carried into Taiwan. The trial court concluded that the prosecution had not proven beyond a reasonable doubt that he knew or foresaw that the drugs were concealed inside the luggage.

Read the Published Acquittal Case

Past results do not guarantee future outcomes.

Other Criminal Cases Involving Foreign Nationals

FDLAW may also assist foreign defendants in appropriate cases involving fraud, assault, theft, property offenses, financial crime, business-related criminal allegations, money laundering, and other criminal investigations. These matters may involve separate questions about intent, identification, financial flows, consent, injury evidence, company records, or a defendant's role in a larger group.

Foreign nationality does not change the need for a fact-specific defense. It can, however, create practical issues involving interpretation, overseas witnesses and records, travel restrictions, residence status, family communication, and the perceived risk of flight. Those issues should be addressed directly and with reliable supporting material.

General procedure

What Happens After a Foreigner Is Arrested in Taiwan?

The exact route varies, but a criminal case commonly moves from police investigation to prosecutor investigation, with possible court proceedings on detention, followed by an indictment or another prosecutorial disposition. If indicted, the matter proceeds to the competent court for trial, with appeal available where the law allows.

After an arrest, police may conduct identification, searches, seizures, or questioning and may transfer the person to a prosecutor. Time-sensitive decisions can arise before the family has complete information. Counsel can help confirm the responsible authority, prepare for questioning or a detention hearing, and identify records that should be preserved in Taiwan or overseas. Drug cases and other serious allegations may involve additional forensic, digital, travel, or financial evidence.

Police investigationIdentity, alleged facts, questioning, searches, seizures, and transfer to prosecutors where applicable.
Prosecutor investigationThe prosecutor examines the suspect, evidence, witnesses, and whether coercive measures are requested.
Possible detention hearingA judge—not the prosecutor—decides whether legal grounds and necessity for detention are established.
Prosecutorial dispositionThe investigation may lead to indictment, non-prosecution, deferred prosecution, or another lawful disposition.
Trial and appealIf indicted, the district court hears the case. Further review depends on the decision and applicable appeal rules.

This is a general overview, not a fixed timeline. Urgent procedures and deadlines depend on the arrest status, charge, evidence, and orders made in the individual case.

Detention and Detention Centers in Taiwan

Formal pretrial detention is ordered by a judge when statutory grounds and necessity are established; a prosecutor may apply for detention but does not make the detention ruling. Grounds may concern flight, interference with evidence or witnesses, or other conditions specified by law. Serious drug, fraud, violence, and other charges may require careful and immediate preparation for the detention hearing.

A defense lawyer may interview and correspond with a detained accused subject to the rules governing attorney-client access. The lawyer can explain the case, prepare the defense, and assess possible applications to cancel or suspend detention. Family visits, letters, deliveries, and communications depend on detention-center rules and any restriction or prohibition ordered in the case. A lawyer's ability to report to family members also depends on client authorization, confidentiality, and professional duties.

Detention periods are governed by statute and may be extended only through the required procedure. Because the permissible periods and extensions differ by investigation or trial stage and by the charge, families should not rely on a single estimated release date. Release on bail, to another person's custody, or with residence or travel restrictions may be considered in appropriate cases, but no outcome can be promised.

Do Foreign Defendants Have a Right to an Interpreter in Taiwan?

A foreign defendant who cannot adequately understand the language used in questioning or court proceedings should receive interpretation assistance under Taiwan criminal procedure. The practical issue is not only whether an interpreter is present, but whether the actually defendant understands the questions, cautions, legal terms, and written record.

The defendant should say promptly when a question or interpretation is unclear and should not silently accept a record that does not accurately reflect the answer given. Defense counsel can monitor communication where permitted, ask that misunderstandings be clarified, and review whether the interpreted statements and written record correspond. The appropriate response depends on the proceeding and the specific problem; the presence of an interpreter does not replace legal advice.

Retaining counsel from abroad

Can an Overseas Family Hire a Lawyer for Someone Detained in Taiwan?

Yes. An overseas family member can contact a Taiwan law firm to discuss representation and urgent legal steps for a detained foreign national. Taiwan law permits specified family members to retain defense counsel independently for an accused or suspect, while the precise engagement and authorization documents should be arranged for the actual circumstances.

The family can begin by providing the person's identity, nationality, last known location, arrest date, alleged charge, case number, and copies of any notice or official message. The law firm must confirm conflicts, the proposed scope of work, identity and engagement documents, and what information may be shared. Updates remain subject to the defendant's instructions, confidentiality, legal restrictions, and professional duties.

1. Contact FDLAW

Explain the urgency, where the person may be held, the date of arrest, nationality, and any known charge or case number.

2. Send reliable information

Provide notices, screenshots, travel records, messages, and the contact details of police, prosecutors, courts, or detention centers if known.

3. Confirm available action

FDLAW checks what can lawfully and practically be done at the current stage and identifies any missing authority or documentation.

4. Arrange engagement

The scope of work, fees, engagement terms, power of attorney, and identification procedures are arranged as appropriate.

5. Lawyer-client communication

The lawyer seeks to communicate with the defendant and prepares the necessary defense steps subject to access and procedure.

6. Authorized updates

Case developments may be explained to family subject to client instructions, confidentiality, legal restrictions, and professional obligations.

Need help for a family member detained in Taiwan?

You do not need to understand every procedural detail before contacting us. Start with the person's identity, last known location, and the information currently available.

How Are Criminal Lawyer Fees Structured in Taiwan?

Criminal defense fees are usually discussed after the lawyer understands the alleged charge, procedural stage, urgency, expected hearings, detention status, location, and volume of evidence. A police interview, detention hearing, prosecutor investigation, trial, and appeal involve different work, so one figure does not accurately describe every case.

The engagement may cover a defined stage or a broader scope, depending on the circumstances. Overseas families should ask what work is included, whether travel, translation, expert, document, or court-related expenses are separate, how additional hearings or an appeal would be handled, and who is authorized to receive updates. FDLAW confirms the proposed scope, professional fees, payment arrangements, and required documents before accepting the engagement. No fee arrangement can guarantee release or a particular result.

Information to Prepare When Contacting Us

Gather what is available; do not delay contact merely because some items are missing.

Identity

  • Full legal name
  • Nationality
  • Date of birth
  • Passport number, if available
  • Family contact details

Case and location

  • Date and place of arrest
  • Police, prosecutor, court, or detention center
  • Case number, if known
  • Alleged charge
  • Copies of notices or legal documents

Relevant evidence

  • Flight and travel details
  • Relevant messages and original files
  • Luggage or package information
  • Financial or booking records
  • Names and roles of relevant people

Why Overseas Families Contact FDLAW

FDLAW is a Taiwan-based law firm in Taipei. Our practice includes criminal defense and complex disputes, and our team can communicate in English with foreign defendants and overseas family members. We approach criminal cases by connecting procedure, the evidentiary record, digital communications, financial material, and any commercial or cross-border context relevant to the defense.

For an overseas family, clear communication is part of effective representation. We identify the present stage, explain what is known and what remains uncertain, request the information that can be usefully collected abroad, and discuss realistic next steps without guaranteeing a result. Where the defendant is detained, communication with family remains subject to the client's authorization, confidentiality, legal restrictions, and professional obligations.

FDLAW's office is at 17F, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei 106, Taiwan. You may also review our main Taiwan criminal defense practice.

Frequently Asked Questions

What should I do if my family member is arrested in Taiwan?

Gather the person's full name, nationality, date of birth, arrest location, and any police, prosecutor, court, or detention information, then contact a Taiwan criminal defense lawyer as soon as possible. Preserve messages and documents exactly as received. Do not assume that an arrest automatically means formal detention; the lawyer should first identify the person's location, alleged charge, and procedural status.

Can a foreigner hire a criminal lawyer in Taiwan?

Yes. A foreign suspect or accused may retain a defense lawyer in Taiwan. Under Taiwan criminal procedure, an accused may retain defense counsel at any time, and the rule also applies to a suspect questioned by judicial police. The lawyer's immediate role depends on the stage of the case, the person's location, and whether questioning, a detention hearing, trial, or another proceeding is pending.

Can family members overseas hire a Taiwan lawyer?

Yes, in appropriate circumstances. Taiwan law permits certain family members—including a spouse, linear blood relative, qualifying collateral relative, household head, or family member—to retain a defense lawyer independently for an accused or suspect. The firm must still confirm identity, engagement terms, authorization, conflicts, and the documents required for the particular case. Confidential case information may be shared only consistently with the client's instructions and professional duties.

Can an English-speaking lawyer visit a detained foreign national in Taiwan?

Generally, retained defense counsel may interview and correspond with a detained accused, subject to the applicable statutory rules and any lawful restrictions. Access immediately after an arrest, during transfer, or at a detention center can depend on the procedural stage and operational arrangements. FDLAW can first confirm what contact is legally and practically available and arrange a meeting when permitted.

What happens after someone is arrested in Taiwan?

The person may be questioned by police and transferred to a prosecutor, depending on the circumstances. A prosecutor investigates and may release the person with or without conditions or apply to a court for detention. A judge decides formal detention. The investigation may later end in indictment, non-posecution, deferred prosecution, or another lawful disposition.

How long can a foreign national be detained in Taiwan?

There is no single answer that applies to every case. Taiwan law sets detention periods and allows extensions only through specified procedures; the rules differ between the investigation and trial stages and may depend on the charge and level of court. A lawyer should review the detention order, starting date, extensions, and current court record rather than estimate release from the arrest date alone.

What if drugs were found in luggage but the defendant did not know they were there?

Knowledge and intent may be central issues in a drug transportation case. The answer depends on objective evidence such as messages, travel arrangements, financial records, luggage ownership and packing, digital records and prior statements. For a detailed discussion, see FDLAW's Taiwan Drug Trafficking & Drug Smuggling Defense page. Taiwan Drug Trafficking & Drug Smuggling Defense

What are the penalties for drug trafficking or drug smuggling in Taiwan?

Penalties depend on the precise conduct and statutory category of the narcotic. Transporting Category One or Category Two narcotics can expose a defendant to exceptionally severe statutory punishment. The exact charge, evidence, role and any mitigation issue must be assessed individually. drug trafficking and drug smuggling defense

What documents should the family send to the lawyer?

Send available arrest notices, summonses, court or prosecutor documents, case numbers, passport details, travel itineraries, booking confirmations, messages, bank or payment records, and information about luggage or packages. Include the family's contact information and explain the source of each document. Preserve originals and complete conversation context. If some material is missing, contact the lawyer first and provide additional documents later.

Can a Taiwan lawyer communicate with family members overseas?

Yes, but communication must respect the defendant's instructions, attorney-client confidentiality, legal restrictions, and professional obligations. A family member who retains counsel does not automatically become entitled to every confidential detail. At the outset, the lawyer should clarify who may receive updates, what authorization is available, and whether detention or investigation restrictions affect communication.

Will a foreign defendant have an interpreter?

A person who has difficulty understanding the language used in an examination should receive interpreter assistance under Taiwan criminal procedure. Interpretation quality remains important: the defendant should say if a question is unclear and should not sign a record they do not understand without raising the issue. Defense counsel can review whether the interpreted questions, answers, and written record accurately reflect the defendant's statements.

Can a foreign defendant be released from detention?

Release may be possible, but it is not automatic and cannot be promised. Depending on the case, a court may consider bail, release to another person's custody, residence restrictions, reporting or travel-related measures, or other conditions when detention is unnecessary. The defense should address the court's stated concerns with a concrete plan and supporting material, including stable contact arrangements and reasons the defendant will appear and not interfere with evidence.

What happens if the defendant has already been indicted?

The case proceeds to the competent court for trial. Defense counsel can examine the indictment, review available case files and exhibits under the applicable rules, identify disputed facts and legal issues, prepare written submissions, challenge prosecution evidence, request favorable evidence, and represent the defendant at hearings. Strategy should be set after reviewing the indictment and record rather than simply repeating arguments made during investigation.

How quickly should the family contact a lawyer?

As soon as reasonably possible. Early legal assistance may be important before questioning, a detention hearing, the loss of digital or travel evidence, or statements by witnesses. The family should not wait until every fact is known. Contact the lawyer with the person's identity, last known location, and the materials currently available, while distinguishing clearly confirmed facts from assumptions.

Urgent support for overseas families

Family Member Arrested or Detained in Taiwan?

If your family member has been arrested, detained or questioned in Taiwan, you may contact Charles Lee directly in English. To help us assess the situation quickly, please include the person's full legal name, nationality, date of arrest, current location or detention center if known, alleged charge, responsible police, prosecutor or court, the next known hearing or deadline, a brief timeline, and the family's contact details.

Copies or photographs of available documents may be sent privately by email or LINE. Please do not place sensitive case information in a public form.

Criminal Case Legal Consultation Form

If you or a family member is facing questioning, arrest, detention, prosecution, or trial in Taiwan, provide the available facts and documents. FDLAW will review the inquiry and assess the appropriate next contact.