Criminal Lawyer for Foreigners Arrested or Detained 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.

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.

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.

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.

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.

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.

Knowledge and intent may be central disputed issues, but lack of knowledge is not automatically established by the defendant's statement. The defense should test the prosecution's proof against travel bookings, messages, financial records, luggage ownership, packing and handover circumstances, digital evidence, conduct, and prior statements. The full context may support or undermine an unknowing-courier defense, so early evidence preservation is important.

Penalties depend on the precise conduct and the category of narcotic. Under the Narcotics Hazard Prevention Act, manufacturing, transporting, or selling Category 1 or Category 2 narcotics carries exceptionally severe statutory penalties; Category 3 and Category 4 offenses also carry substantial imprisonment. Possession, possession with intent to sell, transfer, and use are separately regulated. The substance, classification, conduct, amount, intent, and possible statutory mitigation must be assessed case by case.

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.

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.

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.

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.

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.

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.