1. Can I reduce my sentence by asking a lawyer after committing a crime?
it's good to have a lawyer. Lawyers will try their best to help the parties in terms of the circumstances of the crime and the attitude of pleading guilty, and strive for a lighter or mitigated punishment.
Hiring a lawyer has the following advantages:
1. Lawyers can help the parties to analyze the case, advantages and disadvantages, provide constructive suggestions for the parties to make the most appropriate decision, and remind them to take effective legal measures in time. The rights and obligations of both parties to any dispute are antagonistic, some of which are very obvious, some are hidden, some are direct, and some are indirect. For the parties who are not legal professionals, it is difficult to know the relatively secret and indirect rights and obligations. Lawyers who know the law and are familiar with litigation procedures can help the parties analyze the case, what legal means can be taken and their pros and cons. For lawyers with rich practical experience, they can even predict the outcome of the case and give directions so that the parties can take the most appropriate countermeasures.
2. A lawyer can investigate and collect evidence in time according to the needs of the case and fix evidence beneficial to the person in charge, which is the basis for safeguarding the legitimate rights and interests of the parties. After a party has hired a lawyer, the lawyer can investigate the relevant units and individuals, obtain relevant evidential materials beneficial to the party, and have the right to consult the case files to fully understand the case; When necessary, lawyers will apply to the court for investigation and evidence collection and take appropriate measures to fix the evidence; More importantly, lawyers will analyze and sort out all the evidence and provide evidence that is beneficial to the parties, instead of taking out all the evidence at once, whether it is beneficial to the parties or not. In this way, it provides a basis for the parties to handle disputes well and earnestly safeguard their legitimate rights and interests.
3. Lawyers are familiar with litigation procedures, evidence rules, laws and regulations, write legal documents for the parties, and attend the litigation in person, which can protect the legitimate rights and interests of the parties to the maximum extent. Litigation is a very practical professional knowledge, in which the litigation procedure and evidence rules are particularly prominent. Many parties have evidence and reason, and can also find the support of laws and regulations, but they still fail to win the case. This is also why some lawsuits that should be won have not won and those that should be lost have not lost. The reason is that many of them do not understand the litigation procedures and evidence rules. In addition, lawyers participate in court investigations and court debates, state their opinions and demands according to law, and can also grasp the key points and get to the point in court debates, so that the legitimate rights and interests of the parties can be effectively safeguarded.
second, how do enterprises choose the right lawyers?
(1) A lawyer should work in a law firm and hold the Lawyer's Practice Certificate issued and inspected by the provincial judicial department (bureau).
(2) according to the business characteristics of this enterprise, investigate whether the lawyer's business expertise is similar to or related to this enterprise's business.
(3) according to the legal affairs that need to be handled, check whether the lawyer has the corresponding professional expertise.
(4) according to the legal affairs that need to be handled, investigate whether the lawyer has ever handled similar legal affairs.
third, how to determine the lawyer's fee?
with regard to the payment standard of attorney fees, except for a few provinces and cities that have guiding opinions, most of them adopt the method of negotiating fees. Generally speaking, each law firm has its own charging standard, and the lawyer's fees vary from law firm to law firm and from lawyer to lawyer, and some of them are still far behind.
when determining the lawyer's fee, we should first consider the average level of local lawyer's fee, and then consider the actual situation of the lawyer himself and his law firm. Generally speaking, the lawyer's educational background, qualifications, working time as a lawyer, past work performance, the size and performance of the law firm, and the possible guarantee conditions are all important factors that affect the lawyer's fee.
you need to pay the lawyer's service fee and reasonable expenses in handling the case, such as appraisal fee, notarization fee, travel expenses, etc. There are three main charging methods: piecework charging, mainly for legal consultation, writing documents and other matters; Charge according to the proportion of the target, mainly for legal affairs involving property relations; Time charge, mainly for cases such as agency litigation and arbitration. You can freely negotiate the lawyer's fee with the lawyer.
We can see that the lawyer's biggest purpose is to strive for the greatest possible, lighter or mitigated punishment for the client. Generally speaking, lawyers are people with professional legal knowledge, and often lawyers will hit the nail on the head in cases, so it is good for the parties to hire lawyers. And both the plaintiff and the defendant can hire lawyers to argue for themselves.
Legal basis:
Article 78 of the Criminal Law
Applicable conditions and limits. During the execution period, criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they earnestly abide by prison regulations, receive education and reform, and truly repent or perform meritorious service;
Those who have made one of the following major meritorious deeds shall be given a reduced sentence:
(1) Those who have prevented others from committing major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(3) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(5) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) having made other significant contributions to the country and society.
The actual term of imprisonment after commutation shall not be less than the following period:
(1) If the sentence is sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than half of the original sentence;
(2) Life imprisonment shall not be less than 13 years;
(3) A criminal whose death sentence is suspended by the people's court in accordance with the provisions of paragraph 2 of Article 51 of this Law shall be commuted to life imprisonment for not less than 25 years after the expiration of the suspension period, and not less than 21 years after the expiration of the suspension period.