Q
What procedures are followed in the investigation of an assault case?
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Recently, during a difficult period of depression, I used drugs once at an acquaintance's suggestion. I drove a short distance in that state and was caught by the police... I'm currently being investigated. I didn't cause an accident and the driving itself was brief — can I still be punished heavily? Please reply, attorney well-versed in the Narcotics Control Act.
assault charge
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The investigation of an assault case usually begins with a victim's criminal complaint, a complaint or report by surrounding people, or recognition of the crime by the police or prosecutor.
If the suspect does not appear without justifiable reason during the investigation, or if the residence is unclear, and there is concern about destroying evidence or risk of flight, the prosecutor may request a warrant from the judge to arrest or detain the suspect.
At the police stage, suspect interrogation, witness investigation, and evidence collection procedures take place, and once the investigation is complete, the case is sent to the prosecutor.
The prosecutor reviews the materials sent by the police, conducts supplementary investigation or additional investigation as necessary, and if the charges are deemed sufficient, files an indictment with the court. Conversely, if the charges are insufficient, the case may be terminated with a non-indictment disposition.
The most important part of this process is the suspect's statement.
Since the contents of the initial statement can carry over throughout the investigation and even into the trial stage, you must respond carefully.
Saying things that are different from the facts or reversing your statement depending on the situation can reduce credibility and lead to unfavorable outcomes, and it is also dangerous to forcibly conclude and state parts you are not sure of.
Therefore, it is desirable to maintain consistent statements based on facts and to fully explain circumstances that are favorable to you, such as self-defense or accidental situations.
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