Entrust a lawyer as soon as possible. According to the law, from the date of criminal detention to the date of court judgment, the families of detainees are not allowed to meet. In the meantime, only lawyers can meet. Moreover, the sooner lawyers meet for the first time, the better. The sooner we meet, the sooner lawyers can provide legal advice to detainees and let them know whether their actions constitute a crime and what litigation rights they have, which is more conducive to detainees' protection of their legitimate rights and interests.
According to the law, the longest period of criminal detention is 37 days. There is a saying in practice that the 37-day golden rescue period is the longest period for a criminal suspect to be detained in criminal detention. This period of time is the best time for the criminal suspect to put forward bail pending trial or not to approve the arrest. If the suspect wants to be released on bail after being arrested, it will be much more difficult than the detention period. Therefore, after learning that a relative has been criminally detained, you should entrust a lawyer as soon as possible.
The process of entrusting a lawyer is as follows:
1. Preliminary negotiation and consultation
You can briefly explain the basic case on the phone first and answer the lawyer's inquiry concisely and clearly. The lawyer will make a preliminary analysis and judgment of your case on the phone and discuss with you whether your dispute must be litigated or whether the lawyer must intervene.
If you need a lawyer's help after the initial telephone consultation, you can make an appointment to meet the lawyer by telephone. Usually, the place where the lawyer meets the client will be arranged in the law firm, but if it is convenient for both parties, it can also be agreed in the coffee shop or other public places through consultation.
If you plan to hire a lawyer, you can prepare the lawyer's fee.
2. Make an appointment for an interview with a lawyer
After making an appointment with the lawyer, please bring all your relevant materials and meet with the lawyer at the appointed time and place. You should check the lawyer's practice certificate of People's Republic of China (PRC) first to avoid being cheated.
After carefully reviewing the materials and asking about the basic case, the lawyer will give you the following reply:
1. The basic legal relationship of your dispute and whether your expected request has legal basis.
2. Predict the theoretical legal consequences and litigation risks of your case, and let you sign the risk notice of the entrusted law firm.
3. Inform lawyers of the items and standards of government guidance fees, and agree on the amount and payment method of legal service fees accordingly.
1. If a law firm thinks that it can accept the employment, it shall sign a contract for the employment of lawyers with the parties, go through the entrustment formalities, clarify the rights and obligations of the parties and the law firm, specify the names of lawyers entrusted by the law firm, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract.
2. If a law firm entrusts another person to represent a lawyer, it shall submit the certificate of attorney to the law firm before accepting the entrustment.
3. The legal service of the lawyer who pays the agency fee is paid, so the parties must pay a certain lawyer fee when hiring a lawyer. Generally, according to the provisions of the Measures for the Administration of Lawyers' Fees, law firms will charge fees to the parties within the prescribed scope according to the actual situation such as the complexity of undertaking business, the length of time required and the number of litigation objects.
Second, how to bail if you are detained for helping the letter?
Bail pending trial, known as bail pending trial in China, refers to a criminal compulsory measure that the investigation, procuratorial and judicial organs order people who have been criminally prosecuted but have not been criminally detained to put forward a guarantor or pay insurance premiums, and issue a letter of guarantee to ensure that they can be summoned at any time.
Those who meet the requirements can be released on bail pending trial. Regarding the applicable conditions for obtaining a guarantor pending trial, Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. Criminal suspects, defendants and their legal representatives, close relatives and lawyers in custody shall apply for bail pending trial in written form, and the organ with the right to decide shall give a reply on whether or not to agree within 7 days after receiving the written application.
The public security and judicial organs shall agree to those who meet the conditions for obtaining a guarantor pending trial and put forward a guarantor or can pay a deposit, and go through the formalities for obtaining a guarantor pending trial according to law.
Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than 12 months.
Because the family members are not familiar with the process and operation of bail pending trial, it is best to hire a lawyer to apply, because lawyers are familiar with the process of lawyers, and providing legal services for the parties to apply for bail pending trial is an important work point for lawyers.
Article 96 of the Criminal Procedure Law stipulates: "If a criminal suspect is arrested, the lawyer hired may apply for bail pending trial." After accepting the entrustment of the client, the lawyer obtains the status of agent. If a criminal suspect or defendant is arrested by a public security organ, a lawyer may apply for bail pending trial, so that the criminal suspect or defendant can be free before the trial.
Third, how long will the crime of helping the letter be arrested and sentenced, and how to determine the starting point of sentencing?
The crime of helping the letter refers to the crime of helping the information network criminal activities. Generally, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
Article 287 bis of the Criminal Law of People's Republic of China (PRC)
Knowing that others use information networks to commit crimes, providing technical support such as Internet access, server hosting, network storage, communication transmission, etc. for them to commit crimes; Or provide assistance for advertising, payment and settlement, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.