General criminal cases are divided into three different stages, public security organs are responsible for the investigation, the procuratorate is responsible for the examination and prosecution, the court is responsible for the trial. Of course, three different rights authorities have a lot of rights are also cross, this is more complex. But for the families of the suspects we often encountered is not the study of law, there are several thinking misunderstandings.
Thinking misunderstanding one: the most important thing in a criminal case is the bail pending trial.
Many families come to the law firm to consult always ask this sentence, "people have no grasp of bail out", which is their initial measure of a lawyer's standard.
They are eager to see the relatives of the mood I understand very well, but in fact the bail is only the first stage of the criminal case in the application of a link, in fact, the lawyer for the majority of cases can handle the bail and can not play a decisive role in the criminal law, criminal procedural law for what kind of circumstances can be made in a very detailed provisions of the bail. So some lawyers and family boast, this case you rest assured, will be able to bail out, how how! For the families who do not know anything, the lawyer is certainly a professional, they also believe in the lawyer's heart, so they entrusted. Of course, the end result is that some family members feel that the lawyer is great, some family members think that the lawyer is a liar, because those who meet the conditions of the bail will certainly be bailed out, those who do not meet the conditions of the bail will certainly not be bailed out, just that the family members do not understand this reasoning, and may also be a result of this will be very deep misunderstanding of the lawyers of this profession.
In fact, when we meet the suspect's family, we will clearly explain this to them, before the first meeting with the suspect, we do not make any substantive judgment. Because the facts of the case only the suspect himself is most clear, and judge whether the bail naturally to judge the suspect's behavior, circumstances, the expected sentence whether the bail conditions in accordance with the law, if we believe that meet the legal conditions for bail after the application, the relevant authorities do not approve, we can then further professional legal advice to argue for.
But in any case, the bail is only one of the links, in fact, lawyers in the entire criminal case procedures, there are many important links can play a role, such as not to approve the arrest, the investigation of the file reading, not to prosecute, the complaint, illegal evidence excluded, the evidence and so on. All of this is based on a detailed in-depth understanding of the case, based on our judgment of the case of professional legal work.
So, I suggest that the suspect's family when looking for a lawyer, do not be in a hurry, or to keep your eyes peeled, for those who are full of confidence, boastful lawyers, must remain vigilant, careful choice.
Thinking Misconceptions II:The court stage is the most important, wait until the court stage to find a lawyer is not too late.
This category of the suspect's family recognizes the importance of getting a lawyer, but their lack of clarity about the criminal case process and the work that a lawyer can do at different stages leads them to me such a misjudgment.
In my opinion, while the court stage is important, the investigation and prosecution stages are even more important.
First of all, we strongly recommend that families get a lawyer as soon as they receive a notice of criminal detention. The vast majority of suspects are first-time offenders, so let an ordinary person suddenly into the detention center, in the cold interrogation room in the face of a few dressed in the system of police, ask how many people will not be nervous. Will be nervous, will be nervous to say the wrong thing, will be under pressure to admit that should not be admitted, will be in order to get out early and easily signed, in the public security organs of some of the means of inducing confessions, a lot of people are unbearable. Therefore, can the families expect them to bear such pressure completely on their own? The answer is no.
Then the lawyer's first intervention in the meeting, there are two aspects of the benefits, one, the first time to understand the details of the case, and inform the suspect of the relevant legal rights, to give the suspect some kind of reminder and advice, so that he has a clear understanding of their own situation, to avoid the later interrogation of self-confusion!
Two, from the emotional aspect to stabilize the parties. Our presence represents the fact that his family has not given up on him, but is constantly thinking and running around for him. Their spirit will thus be supported, which is very important, only the suspect himself does not give up on himself, in order to better cooperate with the lawyer to work for the maximum rights and interests.
If after the meeting, we believe that the suspect's behavior does not constitute a criminal case or the circumstances are significantly less serious, we will be in the law within a maximum of 37 days, to the Procuratorate of the non-approval of the application, if this stage did not appoint a lawyer, then a series of rights and interests will not be able to go to fight for, so the importance of the investigation stage is self-evident.
Procuratorate review and prosecution stage, lawyers have the right to read the file, which is reflected in the lawyer's written professional ability of the best verification, the importance of the file should not need to be said, the volume of all the evidence that the suspect is guilty at a glance, the lawyer will be carefully read and analyzed, to find out the logical errors, evidence loopholes, procedural violations and other issues, according to the specific circumstances to determine the case towards the right to the Procuratorate in due course. The lawyer will carefully read and analyze the evidence to find logical errors, loopholes in the evidence, procedural violations and other problems.
In our contact with a lot of complex cases, some of the content of the case file up to several thousand pages, if you look for a lawyer in the court stage, do not take into account missed some of the rights and interests of the issue, the light of the reading of the time is very nervous, and ultimately present the results can be imagined.
So, there is only one answer, once the family is detained, the first time to appoint a lawyer is the right choice.
Thinking Misconception 3:You must find a famous lawyer to do a good case.
There are a lot of family members in the consultation appointment, will ask whether there is a long years of practice of the old lawyer, or what awards won the barrister.
In fact, what kind of lawyer to look for is the family's choice, there is no excuse, but some of these issues I still need to speak out.
First of all, fame does not necessarily have the ability to lawyers in this industry, although it is very technical, but as long as the interest involved in the place will be publicity, some lawyers are also loyal to this way, spend a lot of money to go to a variety of trophies, honors, titles. In order to raise the stature, but the actual level of the case is a far cry from the fees.
Long years of lawyers also have some problems, some people are halfway to practice, the actual age of the practice soon. There are others who have been practicing for a long time, but their level of expertise is not high, or they handle too many cases, resulting in a lack of proficiency in a particular direction.
In fact, we can examine the level of a lawyer through two aspects.
One, through face-to-face communication to understand.
Generally responsible lawyers will not boast of promises, then again, the person in charge of the lawyers generally see the customer preparation work is also more adequate, there will be a PowerPoint presentation or other types of presentations. Choose a lawyer's professionalism is one aspect, serious and responsible is also very important, if a lawyer is not attentive to your case, and then professional is useless.
Two, through this lawyer to understand the cases represented.
Measuring the level of a lawyer has a very direct judgment standard, that is to see how many cases he has done. The result of the case is how.
Being able to control these two points, the probability is that you will not step on the mine.
Lastly, I hope the above answer is helpful to you, and I hope that all those who need help can find the right quality lawyer.