A Family Member Has Been Arrested in a Drug Case: A Checklist for the First 72 Hours

In the hours after the news that a family member has been arrested, the mind tends to go blank. You do not know what is happening, or whom to ask. We have taken many calls that begin exactly there. The first thing worth saying is that there are useful things you can do in the first few days, and that none of them require legal knowledge. This checklist is written to work both for families in Japan and for families trying to help from abroad. Take it one item at a time.

Key points

• Start with three facts: which police station the person is being held at, what the alleged offence is, and when the arrest took place.
• The sequence from arrest to the decision on detention moves quickly, so the earlier a defence lawyer is appointed, the wider the options remain.
• Visits and deliveries of items may be restricted, but a defence lawyer can meet the detained person without an official present.
• For a foreign national, notification of the consular post of the home country can be requested under Article 36(1)(b) of the Vienna Convention on Consular Relations.
• Because a drug conviction alone is a ground for deportation under Article 24(4)(chi) of the Immigration Control and Refugee Recognition Act (入管法24条4号チ), what is done before charges are laid bears directly on the right to remain in Japan.

Three things to establish first

Begin with the skeleton of the facts: which police station the person is being held at, what offence they were arrested for, and when the arrest happened. With those three, a lawyer can start moving immediately.

The news may come from the police station directly, or reach you through the person's workplace or a friend. Fragmentary information is fine. Simply writing down what you know and arranging it in order of time will make the first consultation far faster.

• The name and location of the police station where the person is held
• The alleged offence (violation of the Stimulants Control Act, the Narcotics and Psychotropics Control Act, and so on)
• The date and time of arrest, and when you were told
• The person's status of residence (在留資格) and its expiry date, and where the residence card is

Who should I contact?

Contacting a lawyer is the fastest route. A person under arrest can ask for a duty lawyer, who will visit once at the detained person's own request. Alongside that, the family will need to consider whether to appoint privately retained defence counsel to handle the case throughout.

After arrest, the case moves quickly through referral to the prosecutor, the request for detention and the detention questioning. What the person says during that window shapes everything that follows. That is why it matters to have defence counsel, acting for the person concerned, able to visit as early as possible.

Visits, deliveries and interpretation

Family visits are subject to limits on time and numbers, and in some cases a prohibition on contact means no visit is possible at all. Defence counsel, by contrast, can meet the detained person without an official present, check how they are and what they want, and pass that on to the family.

As for items brought in, cash, clothing and books are generally permitted, though the rules differ between facilities, so it is worth checking with the facility in advance. For a foreign national, notification of the consular post of the home country can be requested under Article 36(1)(b) of the Vienna Convention on Consular Relations. Whether to request it is something to consider after confirming the wishes of the person concerned.

Language is a substantial issue in itself. An interpreter arranged by the investigating authorities is there for the investigation. Whether an interpreter is available on the person's own side changes how much actually gets across.

Should I tell the employer or the school?

There is no need to decide immediately. How and when the news is given can affect whether the job or the place at school survives. We suggest deciding, in consultation with defence counsel, who needs to be told and in what terms.

This matters especially for those holding a work-related or student status of residence, where the relationship with the employer or school is the very basis of residence. If continued employment or a return to study remains possible, that can become important evidence at a later stage.

Things to avoid at this stage

Families naturally feel they must do something, but some actions make matters worse. Contacting other people involved in order to align accounts of what happened can be treated as an attempt to destroy evidence. Removing items from the person's home can attract the same suspicion.

It is also wise to refrain from posting about the case in public. Such posts can be quoted in ways that harm the person concerned. If you are unsure about anything, check with defence counsel before doing it.

• Contact with others involved that could be read as coordinating accounts
• Removing belongings from the person's room
• Posting about the case on social media
• Responding on your own to requests from the investigating authorities, without consulting defence counsel

What to understand now about the effect on residence

Drug cases have a particular structure where immigration status is concerned. Article 24(4)(chi) makes a ground for deportation of anyone convicted of violating the Narcotics and Psychotropics Control Act, the Act on Regulation of Cannabis Cultivation, the Opium Act, the Stimulants Control Act, the Anti-Drug Special Provisions Act, or Chapter XIV of Part II of the Penal Code, with no limitation as to the type of penalty or its length. A suspended sentence is included.

One practical conclusion follows. In a foreign national's drug case, a strategy whose ultimate goal is a suspended sentence at trial is aiming at the wrong target, so far as residence is concerned. Obtaining a decision not to prosecute (不起訴処分) before charges are laid is the complete way out that protects residence. That is precisely why the first few days matter.

How our office works, and matters we have handled

At Funado International Law Office, attorney Daisuke Matsumura handles every stage personally, from the first detention visit through to the close of trial. We do not send clerks or junior lawyers to make detention visits in his place. For Chinese, we have a dedicated interpreter on staff who is experienced in cases involving foreign nationals, so that, separately from any interpreter appointed by the investigating authorities, you have the use throughout the criminal process of an interpreter working for you. For languages other than Chinese, including English, we arrange an interpreter to suit the case.

We obtained a decision not to prosecute for a woman in her twenties alleged to have withdrawn money as part of a specialised fraud operation, by presenting her subjective circumstances in the round. In a matter in which a client was rearrested several times as an alleged collector of money in such a scheme, we secured decisions not to prosecute on every count, through the handling of interrogations, objections to improper questioning, and careful presentation of the evidence and arguments. We have also obtained an acquittal in a case of violation of the Stimulants Control Act (possession for the purpose of profit), through thorough analysis of the evidence and through examination of the defendant and cross-examination of witnesses. Past matters turned on their own particular facts, and no similar outcome can be promised.

When something like this happens without warning, it can feel as though there is nothing a family can do. But finding out where the person is held, writing down the sequence of events, and taking each step in consultation with defence counsel: those things add up to a solid foundation for the stages that follow. Starting with what is possible today is enough. This article is a general explanation; for your own situation, please consult a lawyer directly. Past matters turned on their own particular facts, and no similar outcome can be promised.

This article reflects the law as at August 2026.

About the author

Daisuke Matsumura, Attorney at Law
Dai-Ichi Tokyo Bar Association (registration no. 59077, admitted 2019)
Funado International Law Office (Fuse Building Main Wing 3F, 3-4-10 Takada, Toshima-ku, Tokyo)
Practice focused on criminal defence for foreign nationals and immigration proceedings.
Results include an acquittal in a Stimulants Control Act case (possession for the purpose of profit), non-prosecution in organised fraud cases, and special permission to stay in cases regarded as difficult.

Funado International Law Office
Website: https://matsumura-lawoffice.jp/
WeChat ID: matsumura1119