When getting arrested and/or facing criminal charges in Japan, the most critical decision you will make is who represents you. Under Article 37 of the Constitution of Japan, every defendant has the right to counsel. However, the path you choose—Court-Appointed or Private—can significantly impact your experience and potentially the outcome.

Here is what you need to know to make an informed decision.

1. Court-Appointed Attorney (Kokusen Bengoshi)

If you cannot afford a lawyer, the state guarantees one for you. This is a vital safety net, but it comes with limitations.

• Timing: generally, you can request a Kokusen lawyer only after the judge issues a Detention Order (usually 2-3 days after arrest).
• The “Lottery” System: The biggest drawback is the lack of choice. The Japan Legal Support Center (Houterasu) assigns a lawyer from a rotation list. You cannot request a specific lawyer, nor can you request one who speaks English, although tranlators will be accomanied. You might be assigned a veteran expert or a fresh rookie.
• Cost: It is essentially free if you are indigent. If you have funds, the court may ask you to pay legal costs later at the trial, but it is significantly cheaper than private counsel.

2. Private Attorney (Shisen Bengoshi)

If you have the financial means, hiring a private lawyer is often the strategic choice, especially for foreign nationals.

• Immediate Action: You can hire a private lawyer at any time, even immediately after arrest (CCP Art. 30). This allows your defense to begin during the critical first 72 hours—the period before the detention decision is made—which is often too early for a court-appointed lawyer to intervene.
• The Power of Choice: You can select a lawyer who specializes in your specific type of case and, crucially, one who speaks English. Effective communication is impossible if you cannot speak directly with your defender.

Which Should You Choose?

If finances are tight, the Court-Appointed system provides competent legal protection. However, if you can afford it, a Private Attorney could possibly offer three things the state cannot: Speed, Choice, and Communication in your language.

In a system where 23 days of detention is common, having a lawyer who understands your language and culture from Day 1 can make all the difference.