Punishment for Drug Couriers, Actual Imprisonment, Detention, Investigation Defense Strategy <Complete Summary>

We are LAWFIRM LEAP, where three attorneys with backgrounds at major law firms and the police work together as a team to handle cases.

Recently, as buying and selling drugs through communication media has increased both online and offline, more people are earning money by participating as couriers in the distribution process.

Transporting drugs is also a serious illegal act, so if you are under this suspicion, you must actively engage in the process of clarifying the facts to defend against an excessive sentence.

In particular, in drug cases, a mistaken statement during the initial investigation may lead to a conversion to detained investigation, so it is also important to clearly demonstrate that the act was not habitual and that there is no risk of flight, in order to secure an investigation without detention.

With that in mind, today the expert attorneys of LAWFIRM LEAP, who have experience at major law firms and as former police officers, will explain strategies for defending against detention and for defending against actual imprisonment for drug courier offenses.

If your police questioning is imminent, you need to establish an initial strategy promptly. Please work with us at LEAP to find ways to present your case favorably without missing the golden hour.

01To Prevent Actual Imprisonment for Drug Courier Offenses, the Initial Strategy Is Important

If the charge of distributing drugs in the market is established, under Article 58 of the Act on the Control of Narcotics, etc., you may receive up to life imprisonment or a minimum of five years' imprisonment.

Since this is one of the drug-related offenses carrying a particularly wide sentencing range, crackdowns are being strengthened on the export, import, sale, and brokering of sale of related substances.

02Article 58 (Penal Provisions) of the Act on the Control of Narcotics, etc.

(1) Any person who falls under any of the following shall be punished by life imprisonment or imprisonment for not less than 5 years. 1. A person who exports, imports, manufactures, or sells drugs, or brokers such sale, in violation of Article 3, Subparagraphs 2 or 3, Article 4(1), Article 18(1), or Article 21(1), or a person who possesses or owns such drugs for such purpose 2. A person who manufactures, exports, or imports raw materials for the purpose of manufacturing drugs or psychotropic substances in violation of Article 3, Subparagraph 4, or a person who possesses or owns such materials for such purpose

Since this type of distribution offense can serve as a foundation for the spread of drug crime in society, it is treated as a serious offense, and because it is often carried out in an organized manner, cases are frequently converted to detained investigations.

If you engaged in such activity simply thinking of it as a part-time job, you may have the complacent thought that since you did not directly use the drugs, you would not receive a severe punishment.

Speaking from long experience as a practicing drug attorney, drug couriers tend to be detained and imprisoned when the distribution charge is established and a high sentence is handed down, so it is essential to state your position favorably from the initial statement.

If there is evidence to prove that you had no connection to the organization and only did the part-time job on a one-time basis, or that you did not know that what you were carrying was drugs, you should present such arguments to lower the severity of the offense and be held responsible only for an accidental act.

For example, if you were caught bringing drugs into the country at someone's request or as part of a part-time job while traveling abroad, simply claiming that you did not know does not make the charge disappear.

In this case, the best approach is to submit evidence such as the circumstances that led you to carry the drugs and messages from the requester explaining that the item was something else, and to consistently state that you have no connection to drug crimes, etc.

As such, if you find yourself in this situation, we urge you to respond together with an expert attorney who has know-how in initial response, including making specific and consistent statements based on evidence, confirming the points that police and prosecutors consider important, and actively cooperating with the investigation.

03How to Defend Against Actual Imprisonment for Drug Courier Offenses

If you are caught in this type of case, it is difficult to receive leniency even as a first-time offender, so it is important to establish a solid initial strategy and submit as much sentencing material as possible while appealing for leniency.

If the charge is established, you should show remorse and reflection while also proving that the act was not intentional.

In addition, you should state that you were not involved in drug use or distribution and did not know it was actually a drug, and submit a written opinion from defense counsel, etc. to the police investigation stating that you will never reoffend.

You should also emphasize that having a criminal record from this case would affect your professional life, and that you have otherwise lived diligently, so that this was a mistake resulting from a momentary lapse in judgment.

Furthermore, by disclosing the details of the case in full and providing assistance in apprehending the entire criminal organization, you may receive leniency, so you should prepare, with the help of a legal professional, to state what you know during the investigation.

Additionally, if you were engaging in the act due to financial hardship for the purpose of making a living, this may also help you receive leniency, so it is important to persuasively present the relevant facts in supporting materials such as petitions from acquaintances, letters of reflection, and opinions from defense counsel.

We emphasize that if you can lower the severity of the offense and demonstrate a low likelihood of reoffending, the possibility of defending against actual imprisonment in this case increases. Therefore, it is wise not to rush into the investigation, but rather to respond to the case together with legal counsel who can handle the matter strategically.

Because we have experience conducting investigations, we can respond effectively to investigations.

The attorneys of LAWFIRM LEAP are legal professionals with experience at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, as well as backgrounds as former police officers, and possess in-depth know-how in initial response to criminal cases.

Therefore, we emphasize once again that the more critical the initial police statement is in a drug case, the more important it is to work with LAWFIRM LEAP to reduce legal liability and succeed in defending against a harsher sentence, such as receiving leniency through a suspended indictment.

If, after reviewing today's content, you would like a more detailed consultation, please feel free to contact us at LEAP at any time.

We will thoroughly analyze your situation and actively help you by establishing a customized strategy that can lead to a favorable outcome at the investigation stage.

Thank you for reading this long post.