If you want to ask a lawyer to defend a criminal case, you will usually negotiate with the lawyer and collect the defense fee first. Of course, there are certain standards for criminal cases, and lawyers can't charge exorbitant prices.
1. What is the charging standard for criminal lawyers?
(1) Preliminary stage:
① Investigation stage (including self-investigation by procuratorate): 6000- 18000 yuan;
② Review and prosecution stage: 6000-30000 RMB;
(3) probation period: 8,000-50,000 RMB;
(4) Negotiation expenses (complexity of the case, object of civil litigation, etc.). ) between private prosecution and incidental civil action.
⑤ For major and difficult cases involving national security crimes, crimes involving black and evil, and drug crimes, the agency fee is charged at twice the above standard.
If it is necessary to travel in different places because of handling a case, the entrusting party shall bear the transportation, accommodation and long-distance telephone charges, which can be reimbursed through negotiation or used at one time.
(2) The second trial stage
(1) For cases where there is no first-instance agent but only second-instance agent, the agency fee is charged according to the first-instance standard, and other handling fees remain unchanged;
(2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
(3) Acting as an agent for a case sent back for retrial in the second instance, the agency fee shall be charged at half of the fee of the second instance, and other handling fees shall remain unchanged.
(3) retrial (appeal) stage
(1) If a retrial (appeal) case is independently represented without representing a case of first instance or second instance, the agency fee shall be charged according to the standard of first instance, and other handling fees shall remain unchanged.
(2) For cases that have been represented in the first and second instance, the agency fee shall be charged at half of the fee of the first and second instance. Other handling fees remain unchanged.
Second, the criminal lawyer's work content
The purpose of setting up the role of "lawyer" in criminal legal rules is to add the lawyer's code between the state and the criminal suspect on such an unbalanced scale of "strong VS weak". The value of lawyers lies in preventing powerful police, prosecutors and courts from making mistakes of "too strong to be fair" and "too strong to be redeemed". Therefore, in handling criminal cases, lawyers are not "aiding and abetting", let alone "aiding and abetting". The lawyer is to ensure that the guilty get a fair trial, and the innocent are not subject to criminal investigation, so as to realize justice and justice.
In the investigation stage, lawyers can provide legal aid to criminal suspects, provide legal advice, and represent complaints and accusations. If the suspect is arrested, the lawyer hired can apply for bail pending trial. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
In the stage of examination, prosecution and trial, lawyers, as defenders, put forward materials and opinions to prove the innocence of criminal suspects and defendants or to lighten, reduce or exempt their criminal responsibilities according to facts and laws, and safeguard the legitimate rights and interests of criminal suspects and defendants. In the course of criminal proceedings. Lawyers can meet criminal suspects and defendants, consult case files, investigate and collect evidence, and participate in court investigations and court debates. Defend the defendant in the review stage of the death penalty, meet and correspond with the defendant, investigate and collect evidence, meet with the judge in charge, and put forward the defense opinion that the defendant is innocent or guilty or should not approve the death penalty.
Third, the criminal lawyer's intervention stage.
Lawyers' involvement in criminal cases can be divided into three stages, namely, criminal investigation stage, examination and prosecution stage and public prosecution trial stage.
In the criminal investigation stage, it is still necessary to apply to the criminal investigation department, which will arrange a meeting within 48 hours. The investigation department may decide whether to send personnel to the scene according to the circumstances of the case, but lawyers involved in criminal cases involving state secrets should be approved by the investigation department at this stage. However, in practice, due to the need of case investigation, the investigation department has always held an opposing attitude towards lawyers meeting criminal suspects. The so-called 48-hour time limit is like a piece of waste paper.
Lawyers in the stage of examination and prosecution and the stage of public prosecution and trial can meet with criminal suspects and defendants at any time during working hours without applying to judicial organs in advance.
Legal objectivity:
Article 10 of the Measures for the Administration of Lawyers' Service Fees can be charged according to different service contents, such as piecework fees, fees in proportion to the amount of the bid, and hourly fees. Piece rate is generally applicable to legal affairs that do not involve property relations; Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations; Time charge is applicable to all legal affairs. Article 11 When a law firm handles civil cases involving property relations, if the client still asks for risk agency after being informed of the government's guidance price, it may charge the risk agency fee, except for the following circumstances: (1) Marriage and inheritance cases; (2) Requesting social insurance benefits or minimum living security benefits; (3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; (4) Request for payment of labor remuneration, etc.