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Q

Could I be detained for drugs? Will I be detained immediately even for simple administration?

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Hello. I'm a CEO of a factory. An employee was recently injured while commuting and is demanding industrial accident damages. They claim that under the Industrial Accident Compensation Insurance Act, the business owner must compensate. What are the criteria for occupational accidents under the Industrial Accident Compensation Insurance Act? I'm wondering if accidents that occur outside the company are also recognized as industrial accidents.

drug detention

A

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Drug detention is sufficiently possible even for simple administration charges.

Under criminal law, detention is judged comprehensively based on various circumstances such as the suspect's risk of escape, possibility of evidence destruction, repeatability, and addictiveness, not only the severity of the crime.

In particular, when administering psychotropic drugs such as methamphetamine or synthetic cannabis with strong addictiveness and harmfulness, even a single administration can lead investigative agencies to consider detention investigation.

The following are cases with high possibility of detention.

-Cases where the number of administrations is high or there are circumstances of repetition

-Cases where the criminal background is planned and organized

-Cases where one does not respond to or fails to attend investigative agency investigations
-Cases where most charges are denied or statements change despite being in the early stages of investigation

Of course, if first-time drug offense, voluntary attendance, mental shock or impulsiveness, treatment will, etc. are confirmed, there is room for conversion to non-detention investigation.

However, such circumstances must be well conveyed to investigative agencies and courts through objective grounds and statements.

In fact, to avoid drug detention, the pre-detention suspect questioning procedure is very important, and at this time, the following materials must be submitted with the assistance of a defense attorney.

-Materials proving no risk of escape such as residence, occupation, family relations

-Materials showing will to overcome addiction such as treatment plans or counseling history

-Plea letters and letters of remorse, investigation materials proving first-time offense

Ultimately, whether drug detention occurs may vary depending on the speed and strategy of the initial investigation response, not just whether simple administration occurred.

Even if you have already been detained due to inadequate initial investigation response, through the assistance of a defense attorney, you can prepare ways to resolve the detention status or lower the future punishment level through methods such as bail application, treatment plan establishment, and sentencing material preparation.

Therefore, strategic response is needed both before police investigation and after detention, and at this time, the assistance of a criminal specialist attorney is of great help.

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