1. Stay calm: It is very important to stay calm in the face of unexpected events. Don't panic or worry, lest you make a wrong decision.
2. Find out the reason: It is important to know the reason for being detained. Cooperate with the interrogators of the public security organs and try to understand the specific circumstances and charges of detention. Remember, you have the right to remain silent and don't bring yourself more trouble.
3. Seek legal aid: If you don't understand legal procedures or think you have been wronged, it is very important to seek legal aid. You can contact a lawyer and protect your legitimate rights and interests with the assistance of a lawyer. Lawyers will help you understand and apply relevant laws and regulations to protect yourself.
Contact with family and friends: In case of detention, it is very important to keep in touch with family and friends. Tell them about your situation and ask for their help and support. They may help you contact a lawyer or provide other ways to help.
5. Cooperate with the investigation: try to cooperate with the public security organs and provide information or evidence that will help solve the problem. Cooperating with the investigation and observing the relevant legal procedures will help to solve the problem as soon as possible.
6. Record-keeping: Record the events, conversations and incidents that occurred during detention. These records may play a key role in the future and provide favorable evidence for your case.
7. Respect for legal procedures: Although being detained may bring inconvenience and trouble, it is very important to respect legal procedures. Don't try to avoid or refuse cooperation, which will only bring you more trouble.
Of course, each case has its own particularity. In the face of specific situations, you may need to take different measures according to your specific situation. The most important thing is to remain calm and rational, seek the help of professionals, and fully safeguard their legitimate rights and interests.
Procedures for obtaining bail pending trial:
1, apply for 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. The application for bail pending trial shall be made in writing.
2. The decision to obtain bail pending trial.
The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit.
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.
In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial.
3. Execute bail pending trial.
The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the relevant provisions of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee.
In judicial practice, it is normal to be detained in criminal detention during bail pending trial, because bail pending trial cannot resist legal responsibility. If illegal facts are found after obtaining bail pending trial, it still needs to be decided by the judicial organ, and the specific situation can be determined by the judicial organ according to the actual situation.
Judicial detention is a compulsory measure taken by the court against litigants and other personnel who seriously obstruct the proceedings in criminal, civil and administrative proceedings. The main differences between criminal detention and judicial custody are:
1, with different legal nature.
Criminal detention is a preventive measure, which is taken in view of the possibility of obstructing criminal proceedings; Judicial custody, on the other hand, is an exclusion measure, which is taken against serious acts that have hindered litigation activities.
2. The legal basis is different.
Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Judicial custody has taken measures in accordance with the provisions of the Criminal Procedure Law, the Civil Procedure Law and the Administrative Procedure Law.
3. Different applicable objects
Criminal detention is a compulsory measure of criminal procedure stipulated in the Criminal Procedure Law, and its application scope is limited to the flagrante delicto or major suspect in criminal cases. Judicial custody is applicable to all those who have obstruction in the process of litigation, including litigants and other litigants, as well as outsiders.
4. Use different organs.
Criminal detention shall be decided by public security organs and people's procuratorates according to law and executed by public security organs. Judicial custody is decided by the people's court according to law and executed by the judicial police of the people's court.
5. The relationship with judgment is different.
The term of criminal detention may be reduced to fixed-term imprisonment. Judicial custody only punishes those who obstruct the proceedings, and has nothing to do with the judgment.
6. Different deadlines
The term of criminal detention has been mentioned above; The longest period in judicial custody is 15 days.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 67 of the Criminal Procedure Law.
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.
Bail pending trial and residential surveillance shall be carried out by public security organs.