If the perpetrator is under criminal detention, it is best to hire a lawyer immediately. Of course, his family hired him in most cases. The specific amount of attorney's fees will be determined through consultation with lawyers.
First, the criminal detention lawyer fee standard
If a family member is under criminal detention, the lawyer's fee is not necessarily.
As a lawyer, due to different living standards, the fees are different. In addition, different lawyers charge different fees in criminal cases.
Therefore, if the family members are detained in criminal detention, the specific attorney fees need to be determined by the parties and the law firm through consultation on the basis of the charging standards approved by the local price department.
Second, the difference between criminal detention and arrest
First, the necessary conditions are different.
1. The conditions of detention are: the object of detention is a flagrante delicto or a major suspect; There is a legal emergency.
The above two requirements are met before detention.
2. The conditions for arrest are: there is evidence to prove that there is a criminal fact; May be sentenced to more than fixed-term imprisonment; Taking residential surveillance is not enough to prevent social danger, but arrest is necessary.
The above three conditions must be met at the same time to arrest.
Second, the authority that has the right to decide on detention is not exactly the same as the authority that has the right to approve and decide on arrest. General criminal cases are decided and executed by public security organs. If it is necessary to detain a criminal suspect in a case directly accepted by the people's procuratorate, it shall be decided by the people's procuratorate and executed by the public security organ.
Third, the detention period is different. The detention period of detention is usually 10 days, and the longest is 14 days; The detention period after arrest is the whole legal time limit for handling cases.
Three, the difference between criminal detention and administrative detention, judicial custody.
(1) The legal nature and basis are different.
Criminal detention is a compulsory measure taken according to the criminal procedure law, not a penalty. Public security detention is a kind of punishment according to the regulations on public security punishment. Judicial custody is a compulsory measure, but also has the nature of punishment. Its legal basis is the Civil Procedure Law and the Administrative Procedure Law.
(2) The applicable objects are different
The object of criminal detention is an active criminal or a major suspect who has violated the criminal law and needs to be investigated for criminal responsibility. The object of public security detention is the perpetrator who violates the regulations on administrative penalties for public security and has not yet constituted a crime. The object of judicial detention is the parties, other participants or outsiders who have committed acts that disturb the order of civil and administrative proceedings.
(3) the purpose and result are different
The purpose of criminal detention is to ensure the smooth progress of investigation and prevent the country and people from suffering new losses in life and property. The result of criminal detention generally turns into arrest, and the detention period of criminal detention can be reduced to imprisonment. The purpose of public security detention is to punish and educate offenders. The expiration of public security detention is the end of educational punishment. The purpose of judicial detention is to punish acts that disturb the order of litigation, so as to ensure the smooth progress of litigation activities. Judicial custody has nothing to do with the verdict. If the detained person admits and corrects his mistake, the people's court may terminate the detention in advance.
(4) Different detention periods.
The legal period of criminal detention is 3 to 7 days, and the longest is not more than 30 days. The detention period of public security detention is more than 1 day and less than l5 days. The term of judicial custody is 15 days or less.
(5) The applicable organs are different.
The public security organs and people's procuratorates exercise the right of criminal detention, the public security organs also exercise the decision-making power and execution power of public security detention, and the people's courts exercise the right of judicial custody, and people detained by judicial custody are handed over to the public security organs.
According to the law, if a family member is detained in criminal detention, the specific lawyer's fees should be determined by the parties and the law firm through consultation on the basis of the fees approved by the local price department.
Legal objectivity:
Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance: (1) A person who is preparing to commit a crime, commits a crime or is found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association. Legal basis: If Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) is under any of the following circumstances, the public security organ may detain the flagrante delicto or major suspect in advance: (1) He is preparing to commit a crime, committing a crime or being found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.