I. Investigation Stage In the investigation stage, the lawyer's primary task is to understand the suspected charges of the criminal suspect, the specific investigation organ and the relevant situation of the case from the periphery. After understanding the basic content, lawyers began to study the relevant legal provisions of the crime and local sentencing guidance. Lawyers follow up the progress of the case, communicate the case to the investigation organ, and understand the direction and time limit of the case handlers. In addition, if objective facts exist, lawyers can investigate and collect evidence through legal procedures or apply for investigation and evidence collection according to law to obtain evidence of innocence and guilt of criminal suspects.
Second, in the stage of examination and prosecution, lawyers prepare entrustment procedures and relevant official letters, go to the procuratorate to understand and copy the basic information of the suspects involved, understand the prosecutors, assistants and contact information of the suspects, understand the specific time when the suspects are arrested, and understand whether the suspects' cases are returned for supplementary investigation. Then choose whether you can make an appointment to apply for marking according to the actual situation. Those who can apply for marking shall apply according to law and go to the case management department of the procuratorate for marking after being notified by the prosecutor. After reading the file, the lawyer began to understand all the evidence and documents of the case, conduct in-depth and meticulous research, and formulate defense strategies. After consulting and analyzing the whole volume, combined with my usual experience in handling cases, I drafted a written legal opinion and served it to the prosecutor, and then kept in communication with the prosecutor on the case process. Apply for bail pending trial in time according to the specific circumstances.
Third, before the trial stage, through the investigation stage and the examination and prosecution stage of the case, the lawyer can make clear the direction of the lawsuit, whether it is an innocent defense or a lighter defense. Then, if the defendant is innocent, the lawyer will analyze the witness's confession and the suspect's confession according to the overall situation of the case, and combine other types of cases and types of evidence with various characteristics to judge many contradictions between the evidence and the probative force of the evidence. Then, if you choose the crime of pleading guilty lightly, the lawyer will look for the confession and defense that is beneficial to the criminal suspect and defendant according to the evidence loopholes of the investigation organ, and find the sentencing point that enjoys legal circumstances and discretionary circumstances when sentencing. During the trial, the defense opinions should be analyzed and demonstrated from different aspects such as whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and put forward opinions and reasons for the conviction and sentencing of the case. On the one hand, lawyers are professional legal service providers with rich legal knowledge and experience in handling cases and are familiar with defense business. On the other hand, the law gives lawyers more rights than other defenders, making it easier for lawyers to exercise their defense rights and better accomplish their defense tasks.