Wednesday, September 30, 2009

Dad/Gladys,

Send me information on model of sprint phone you have and i will purchase, and fedex you the charger... as well as 2 batteries.

let me know battry model/part # and phone model.

thanks
james

GUIDELINES ON HOW TO DEAL WITH YOUR FOREIGN ATTORNEY:

  • Understanding Your Attorney: Ask your attorney to analyze your case, giving you the positive and negative aspects and probable outcome. Do not expect your attorney to give a simple answer to a complex legal question. Be sure that you understand the technical language in any contract or other legal document prepared by your attorney before you sign it.
  • Fees: Find out what fees the attorney charges and how the attorney expects to be paid. In some countries fees are fixed by local law. Establish a billing schedule that meets your requirements and is acceptable to the foreign attorney. Foreign lawyers may be unaccustomed to including a description of work performed in connection with billing. Some foreign attorneys may expect to be paid in advance; some may demand payment after each action they take on your behalf and refuse to take further action until they are paid; and some may take the case on a contingency or percentage basis, collecting a pre-arranged percentage of moneys awarded to you by the foreign court. Request an estimate of the total hours and costs of doing the work. Be clear who will be involved in the work and the fees charged by each participant. Determine costs if other attorneys or specialists need to be consulted, such as barristers. See "Payment of Attorneys and Litigation Expenses in Selected Foreign Nations", U.S. Library of Congress, Law Library, Doc. LL-95-2 (March 1995) (Includes information on Australia, Canada, China, France, Germany, Great Britain, Greece, India, Italy, Japan, Mexico, Netherlands, Poland, Sweden and Taiwan.)
  • Method of Payment: Find out the expected means of payment (corporate check, bank check, personal check, international money order, wire transfer), specify currency and exchange rates (when and where applicable or feasible).
  • Progress Reports: Ask that your attorney keep you informed of the progress of your case according to a pre-established schedule. Remember that most foreign courts work rather slowly. You may, therefore, wish the attorney to send you monthly reports, even though no real developments have ensured, simply to satisfy your doubts about the progress of the case. Ask what the fee will be for progress reports.
  • Language: Is the attorney fluent in English? This may or may not be important to you. If the foreign attorney does not speak or write in English, you can arrange for translation of correspondence. Attorneys on lists prepared by the U.S. embassies and consulates abroad do speak English.
  • Document Translations: If you need to provide complex or technical documents to your attorney, you may wish to consider having the documents translated into the attorney's native language. Remember that even a fundamental knowledge of English may not be enough to enable the attorney to understand technical documents you provide. Discuss with your attorney whether it is preferable to translate the documents in the U.S. or in the foreign country. Compare the costs.
  • Communication: Remember your responsibility to keep your attorney informed of any new developments in your case. Be honest and frank with your attorney. Tell the attorney every relevant fact in order to get the best representation of your interests. Establish how you be communicate with your foreign attorney (mail, phone, fax, Internet.)
  • Time: Find out how much time the attorney anticipates the case may take to complete. (Note: in some countries the courts recess for a period of several months. In addition, even if the case is resolved, currency control laws may delay the transfer of funds awarded to you from the foreign country for an indefinite period of time. Discuss these issues with your attorney to ensure there is no confusion.
  • Authentication and Translation of Documents: It may be helpful for you to provide foreign authorities or your attorney with authenticated, translated copies of pertinent documents. Consult your foreign attorney before going to this expense. An information flyer explaining the authentication process is available from the Office of American Citizens Services, either by mail or via our Internet Consular Affairs home page described below under "Additional Information". These topics include Hague Legalization Convention and General Authentication Flyer . See also the U.S. State Department's Authentications Office home page.
  • Records: Consider requesting copies of all letters and documents prepared on your behalf. Inquire about the costs of mailing you such documents.
  • Complaints Against Foreign Attorneys: If the services of your foreign attorney prove unsatisfactory, in addition to notifying the U.S. Department of State and/or the consular section of the U.S. embassy or consulate abroad, you may address your complaints to the local foreign bar association. Information about foreign bar associations may be obtained from the U.S. embassy or consulate abroad. Foreign embassies and consulates in the U.S. may also have information on this subject.
  • Assistance of U.S. Embassies and Consulates: Should your communication with a foreign attorney prove unsatisfactory, a U.S. consular officer may, if appropriate, communicate with the attorney on your behalf. In addition, complaints against foreign attorneys whose names appear on the consular list of attorneys can result in the removal of their names from the list.
  • Coordination with Attorneys in the U.S.: American attorneys may not be in a position to represent your interests abroad, particularly because generally they will not be permitted to participate in foreign court proceedings under the laws of the foreign country. American attorneys experienced in international law procedure may be helpful in explaining the complex legal issues involved in your case and some may have associates abroad to whom they can refer you.

UPDATE: US Embassy Japan

talked to Joe with the Embassy in japan
we need to get character references as soon as possible to send over to them
working on that now
also need to attain a attorney as soon  below is link

Thank you for alerting us to your father’s plight, and for taking my phone call to you just now.

 

In addition the information on our website at  http://japan.usembassy.gov/e/acs/tacs-7110a.html , I want to alert you to Legal Counseling for Foreigners which is available through the local Bar Association. See this webpage for the Japanese Federation of Bar Associations:  http://www.nichibenren.or.jp/en/legal/counceling.html .  In addition to reviewing the list of English-speaking lawyers on our website, you may wish to call the numbers below for assistance in retaining an attorney for your father.  

 

Sincerely,

 

Joseph C. Koen

Consul

this link talks about retaining an attorney, its lengthy, but has a lot of info

http://travel.state.gov/law/info/retain/retain_714.html

Status Update 9:15PM

just spoke with the us embassy in japan
Tony is being detained in the airport jail
he will be seen by the prosecutor on this friday and they will go to court on this Saturday

he cannot be seen by anyone, but there will be two u.s. representatives visiting him today around 2pm (tokyo time, thursday) soo that would be 12am (thursday here) cst. 




retaining a foreign attorney

http://travel.state.gov/law/info/retain/retain_714.html

US Citizens Services Specialist EAP Meena Korff

this is the lady i contacted about my dads situation

dont hesitate to contact her about the situation as well

her email address is
korffpf[at]state.gov

office number is
two zero two   seven three six   four nine nine nine

Status Update 6PM

Spoke with Missionary Searles wife, she is updating Tim Searles now

they are praying


Also said that they should just be able to walk in to the embassy, no appointment



US Embassy Contact info

1-10-5 Akasaka
Minato-ku, Tokyo 107-8420

  or

Unit 9800 Box 114
APO AP 96303-0114
Tel.(03) 3224-5000 / DSN 224-5000 Switchboard
Fax:(03) (03)3224-5914 / DSN 224-5914 (all passport inquiries)
Fax:(03) 3224-5856 / DSN 224-5856 (all other non-visa inquiries)

over the phone Interpreter

not sure if we need this, but here is the link incase dad or gladys need one also

https://www.languageline.com/webpi/webpi.php


List of Attorneys

http://japan.usembassy.gov/e/acs/tacs-7113.html

how to dial International Numbers

http://www.timeanddate.com/worldclock/dialing.html?p1=24&p2=248&number=0476330109




US Embassy guide for Arrests

http://tokyo.usembassy.gov/e/acs/tacs-7110a.html


Status Update 6:30PM

Ok just spoke with church, they have 3 missionaries that can provide room n board.
miss... said that no crime has been committed, only illegal posession of firearm, that is a big difference! sometimes they will give "slap on rist" and no prisonment…sometimes

just spoke with gladys, she got a hold of the coprews, he will be contacting her in an hr…good news

us embassy opens at 8:45 am and they will make an apointment for that

thanks
T

Japans Gun Policy

Although there is no mandatory minimum penalty for unlicensed firearm possession, 81 per cent of sentences for illegal firearm or sword possession are imprisonment for a year or more, perhaps because most gun crimes are perpetrated by professional criminals.[16] The maximum penalty is ten years in prison and a one million yen fine.

Air force Base



Here is the info for billeting on Yokota AB in Tokyo. The number is listed at the bottom and the top tells you how to dial from off base where your dad would be.

I’ve got an email into my friends work and hopefully he replies soon.

 

Cheers.

 

 

 

 

     

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Dialing Directions

US to YokotaWhen calling from United States using a commercial phone use 011-81-31175 then last 5 digits of the DSN number.

Off Base to YokotaWhen calling from Off Base to Yokota AB use (042) 552-2510 to get the Yokota AB Directory then last 5 digits of the DSN number. 

Yokota to USWhen calling from Yokota to US use 98-001-1+ area code and number 

Yokota to Off BaseWhen calling from Yokota to Off Base use 99 wait for second dial tone then enter the desired number.

 

Tony Gallardo

Tony, Gladys and Dad (Grandpa) were headed to Thailand on a mission trip to put together a video for a missionary.

Tony, Gladys and Dad arrived in Japan, as they entered customs and had their bags checked, it was then that the customs officer found said items in his carryon. that was approximently 2Am cst.

The first and most important thing that we ask for is prayer. Not only for Tony, but for Gladys and Dad as they seek wisdom on how to handle this situation. Secondly, we have created this blog to keep everyone up to date and to make this the portal for information so it is readily available to everyone, so that the family does not have to answer the same questions again and again.

Here again, the most important thing right now is prayer. please share as much info as possible information regarding the legal system in Japan that you feel would be helpful, please post.