– Why You Should Not Rely Too Heavily on the Police
Introduction
If you are involved in a traffic incident in Japan and have largely admitted to the facts (a so-called “confession-based” case), you may be tempted to believe that cooperating honestly with the police will ensure a favorable outcome. It is very common for people to think, “I’ve told the truth, so if I just follow the officer’s instructions, it should work out.”
However, this approach can expose you to unexpected risks.
The reality is that the police and defense attorneys have fundamentally different roles and motivations in the process. Failing to recognize this difference can result in significant disadvantages—sometimes only becoming apparent after it is too late.
1. The Police: Their Role and Its Limits
The primary responsibility of the police is to collect evidence supporting criminal responsibility or aggravating factors, and to send that evidence to the Public Prosecutor’s Office.
Even when the police arrange site visits or further interviews, their main aim is to clarify responsibility—often by confirming details that may increase your own liability.
Police officers are highly trained at creating a relaxed, trusting environment. You may hear reassuring comments such as,
“Don’t worry, you’re only a suspect because you happened to be involved in an accident,”
or,
“If you cooperate, things will be easier for you.”
However, it is important to remember that these reassurances serve primarily to make the investigation go smoothly—not to minimize your legal risk.
- Hypothetical scenario:
- A driver involved in a minor collision is told by the police, “Participating in a reenactment will make things easier for you.”
- However, the real purpose of the reenactment is to confirm details that may strengthen the evidence against the driver. The result is that the driver’s own admissions are recorded, unintentionally supporting a harsher penalty.
The police do not have any responsibility to collect or present evidence that would lessen your liability. That responsibility is left to you, or to your defense attorney if you hire one.
2. You Don’t Need Excessive Distrust—But Don’t Be Gullible
This is not to say that police officers are acting out of malice or trying to “trap” you.
In many simple traffic cases, the police’s aim of wrapping up the case efficiently may overlap with your goal of minimizing penalties.
However, it is a mistake to assume the police are operating purely in good faith or that their guidance is always aligned with your best interests.
Police work first and foremost for the efficiency and convenience of their own organization.
Based on my own professional sense, I would say that—even conservatively—at least 60–70% of their advice and actions are driven by institutional priorities rather than your individual welfare.
They also bear no responsibility for any disadvantage you suffer as a result of following their suggestions.
- Hypothetical scenario:
- A foreign driver, after being told by the police, “This is for your benefit,” decides to follow police advice without seeking legal counsel.
- Later, the driver finds out that police did not have the authority to decide whether the case would be prosecuted, and their advice did not actually protect the driver’s long-term interests.
Trusting the police too much—even when their advice is harmless in a particular case—may unintentionally reinforce habits of deference that could work against you in future, more serious situations.
3. The Distinct Role of the Attorney
An attorney’s role is fundamentally different from that of the police:
An attorney is responsible for consistently acting in your best interests at every stage—even after the police investigation is finished and the file is sent to the prosecutors.
They are accountable for their advice and will continue to pursue the best possible outcome for you.
If you try to balance (“double-check”) between police advice and your attorney’s recommendations, you risk missing out on opportunities to defend yourself and may end up making admissions or decisions that go against your own interests.
- Hypothetical scenario:
- A driver believed that “doing whatever the police said” would result in leniency.
- But by making admissions that could have been avoided or contested, the driver ended up receiving a heavier penalty—including license suspension or a high fine—than expected.
4. Administrative and Immigration Consequences: Beyond License Suspension
In addition to criminal penalties, traffic cases typically involve separate administrative consequences, such as driver’s license suspension. After the police complete their investigation, they forward records not only to the prosecutor but also to the Public Safety Commission, which determines point deductions or license suspension.
For foreign nationals, even relatively minor traffic violations that result in criminal penalties (including summary fines) can significantly affect immigration-related matters, such as your Status of Residence (visa). Specifically, criminal convictions or fines could negatively impact:
- Renewal or extension of your current visa.
- Future applications for permanent residency (eijū-shikaku).
- Re-entry screening when returning to Japan after traveling overseas.
In more serious circumstances, criminal penalties may even trigger deportation procedures.
If your legal defense is insufficient at the criminal stage, you may inadvertently face harsher administrative penalties as well as negative immigration consequences in the future. Therefore, ensuring a strong, proactive defense from the earliest stages is crucial—not only to protect your driving privileges, but also to safeguard your immigration status and long-term interests in Japan.
5. Conclusion: Keep a Healthy Distance and Seek Specialist Advice
- Do not simply accept police advice at face value.
- Understand the police’s true role and keep appropriate boundaries in communication.
- Recognize that only your attorney will act solely for your benefit, and that their responsibility to you is fundamentally different from the police.
Even in a confession-based case, it is critical to keep a level of vigilance and not become overly trusting or deferential.
If you have concerns about how to handle police questioning or any stage of a traffic investigation, consulting a defense attorney early can help ensure that your interests are protected and that you avoid unexpected legal or administrative pitfalls.
If you are facing a traffic case or have questions about your situation, please contact our office for a consultation.