Having been arrested in Japan for possession of marijuana, former Milwaukee Brewers and San Diego Padres pitcher Jay Jackson will likely be released but will have to stand before a judge before leaving Japan, a former prosecutor said Saturday.

Jackson was charged with possession of liquid cannabis in the form of THC pen cartridges, a source said Friday. On Tuesday, Hiroshima Prefectural police searched his home in Chiba, east of Tokyo, and on the other side of the country, reportedly after receiving an anonymous tip.

The timing of the tip appears to be linked to Jackson’s battle to gain visiting rights to see his 1-year-old son Jaiden, who is in the custody of his former Japanese partner. Jackson’s side was in the process of filing an appeal after one unsuccessful custody hearing when the police came knocking after he pitched an inning of scoreless relief for the Lotte Marines.

After that, Jackson asked to be let out of his contract with the Marines, who released him on Thursday.

What’s in store

“The police have to send every crime to prosecutor’s office, so his case will be sent soon,” the former prosecutor said. “If this arrest is his first, he can be released without a long detention. But he must appear before judge in court for trial.”

Until then, the former prosecutor said, he won’t be allowed to return to the U.S.

“Up until an indictment, everything is decided by the prosecutor. After that, the judge decides while considering appeals and evidence raised by the prosecutors and the defendant’s attorneys.”