How much is the lawyer's fee for telecom fraud?
The total cost of hiring a lawyer for fraud cases is around thousands to tens of thousands, and the lawyer's fee for fraud cases can be negotiated within the following scope:
1, investigation stage (including self-investigation by procuratorate): 5000-20000 yuan;
2. Review and prosecution stage: 6000-30000 RMB;
3. Trial period: 8,000-50,000 yuan;
4. The negotiation fee for criminal private prosecution and incidental civil action is between 5000 and 50000.
5. For major and difficult cases involving national security crimes, black and drug-related crimes, the agency fee shall be 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.
What is the filing standard of fraud crime?
1. Those who defraud public or private property in an amount of more than 3,000 yuan to 10,000 yuan, more than 30,000 yuan to 100,000 yuan to 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law respectively.
2. Whoever defrauds public or private property to reach the above-mentioned amount standard in any of the following circumstances shall be given a heavier punishment in accordance with the provisions of Article 266 of the Criminal Law:
(1) Publish false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(5) Causing the victim to commit suicide, mental disorder or other serious consequences.
3. If the amount of fraud is close to the above-mentioned standards of "huge amount" and "extremely huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
In judicial practice, after a party is detained by a public security organ for fraud, he should entrust a lawyer to handle it as soon as possible. According to the difficulty of fraud cases and the time and energy spent, lawyers will charge fees. The specific charging standard belongs to commercial charging behavior and can be negotiated according to the actual situation.
How do telecom fraud lawyers prove innocence?
First of all, lawyers should collect evidence as soon as possible, especially the evidence that helps the defendant to be innocent, including cross-examination, investigation, experimental report, witness testimony, handling documents and so on. In order to defend the defendant.
Second, the case analysis
Secondly, lawyers should make a comprehensive analysis of the case: based on the case materials, conduct an in-depth analysis of the defendant's behavior to see if it constitutes a crime of fraud, and infer whether it constitutes a criminal offence according to the defendant's actual behavior and following the relevant provisions of the Criminal Law.
Third, put forward defense opinions.
Finally, lawyers should put forward specific defense opinions. According to the analysis of the case, judge whether it is a crime, present the evidence of the defendant's innocence according to the relevant provisions of Articles 36 and 41 of the Criminal Law, and point out the places where the evidence is insufficient, missing or unreliable according to the case materials, and put forward reasonable defense opinions.