Myth 1: Defence lawyers can do anything.
Lawyers can defend the dead. This is what many people think of defense lawyers. It is true that through solid work, defense lawyers can really save the parties in death penalty cases from death penalty or even acquittal once they find strong favorable reasons. However, under the premise of achieving this effect, such reasons do exist. It is unrealistic to ignore the case and expect the defense lawyer to go beyond the scope of the law. The rape case of five people, including Li Tianyi, is the most typical example.
Myth 2: Defense lawyers are useless.
Defense lawyers are useless. Few people hold this view on defense lawyers now, but there are still. People who hold this view generally don't believe in the law, or are superstitious about relationships, or don't trust lawyers. Such people do not understand the work of defense lawyers in criminal proceedings, the current situation of criminal justice in recent years, and ignore many cases that have achieved good defense results through the efforts of defense lawyers. The most sensible way for defense lawyers to meet such parties is to accept the entrustment cautiously.
Myth # 3: Discussing Heroes by Results
Many people hold this view that the role of defense lawyers is judged by the results. In these people's eyes, defense lawyers are useful if they can achieve the expected results (usually acquittal, bail pending trial or probation), otherwise they are useless, and even if they can't get bail pending trial or acquittal in the investigation stage, they will immediately come to the conclusion that defense lawyers are useless. The outcome of the case is indeed an extremely important factor to measure the role of defense lawyers, but it is not the only factor. First of all, through the efforts of defense lawyers, if the outcome of the case is fair and just and conforms to the law, the purpose of defense will be achieved, instead of ignoring the case according to the subjective wishes of the parties; Secondly, by participating in litigation, defense lawyers supervise the work of public security law and protect the litigation rights of the parties, which is one of the manifestations of the role of defense lawyers.
Myth 4: Pursuing immediate results
When a person is sick, he can fully recover through a treatment process, but the condition is different and the process is different. The role of defense lawyers also needs a process, but some cases can get good results quickly, and some cases will last for a while.
It is understandable that the client hopes to achieve the expectation as soon as possible, but it is only wishful thinking to expect the defense lawyer to let the client be released as soon as he gets involved in the procedure. Criminal proceedings are a step-by-step process, and defense lawyers can play different roles at each stage. Some cases may soon achieve the expected results, such as acquittal in the investigation stage, but not every case can do this. In most cases, we have to go through the procedure to solve the problem in the subsequent stage.
Myth 5: Ignoring the Stages of Lawyers' Work
One of the characteristics of criminal proceedings is the stage (investigation stage-examination and prosecution stage-trial stage-execution stage). At different stages, defense lawyers can do different jobs and have different emphases. For example, in the investigation stage, defense lawyers focus on providing legal assistance to the parties, mainly procedural work, such as meeting, bail pending trial and so on.
In the investigation stage, defense lawyers have no right to read papers. Only when the investigation organ has completed the investigation and the case has reached the stage of examination and prosecution, the defense lawyer has the right to read the papers. However, some people think that defense lawyers have the right to read papers in the investigation stage, and put forward many requirements, such as asking lawyers to read papers, and even asking defense lawyers to conduct a comprehensive defense, which is unrealistic. There is a simple reason. The "defense" of defense lawyers is aimed at the "control" of public power. In the investigation stage, the investigation work of the investigation organ is not over yet, the evidence has not been collected, and even the charges have not been clarified. How do defense lawyers conduct a comprehensive defense?
The wisest choice for a person suspected of committing a crime is to get legal help from a suitable defense lawyer, but to get effective legal help, we must first correctly understand the role of defense lawyers. Only by correctly understanding its function and avoiding misunderstanding can we get effective legal help.