As a lawyer practicing for seventeen years, although it can't be said to be experienced, not like some lawyers advertised as a representative of thousands of criminal cases (I once had nothing to do but simply do a statistic, since the practice of the defense of the criminal case, there are only more than one hundred), but more or less some experience, and the industry is still some observation and understanding. These experiences and observations, as well as my personal insights and views, I intend to slowly from now on to do some sorting and summarizing, in order to share with fellow lawyers and criminal case parties and their families. Helpful and unhelpful, just take what you need from each of the watchers.
The first article, of course, begins at the source of the relationship between client and attorney, and talks about how he or she and his or her family can go about finding the most appropriate attorney to help once a person has been brought into the criminal justice pipeline. This one is written primarily for the family; lawyers can skim it, unless you're interested in reading the big truths and laughing at them.
I privately thought it would be appropriate for me to say this one as well. Because I am an idle, unaffiliated person who neither mixes circles nor has personal grudges or interests with anyone in the profession, I can speak objectively and honestly to the families about my opinions and suggestions, and I can also talk about some of the things that other peers might not be so comfortable talking about.
To make it easier to target, this piece will be divided into different subsections.
This article was written by: Yan salary lawyer / director of Beijing Lai Shuo Law Firm
One, a large number of cases, there is nothing effective defense, looking for the defense of anyone is the same
I think that at least half of China's criminal cases, the facts are clear or relatively clear. Although the network seems to be covered with wrongful convictions, but we still have to admit, with the current level of public prosecutors and lawyers and the ability to handle the case, as well as the basic professionalism, for the vast majority of conventional criminal cases, the case is simple, there is no dispute over the facts of the case, they can still be a good gate, the probability of committing the unthinkable low-level mistakes is not high.
The level of rule of law in a country is not reflected in these routine criminal cases, so don't be surprised that proportionally the rate of wrongful convictions is not as high as you might think. Any country needs to maintain basic social order, and the judicial system has to maintain a certain level of effective functioning, and for most cases, judges are able to handle them independently without interference, and don't need to be too skeptical right off the bat.
So when your family member is arrested, the first thing to do is to understand the basic facts of the case in order to determine whether the case is that way in substance. If the family does not understand the basic facts of the case, then you can first appoint a meeting with a lawyer to go to the person himself and ask questions to determine the fact that, in the end, what is going on. Simply meet with the lawyer once or twice to understand the case, as long as the lawyer is serious about it, it won't cost much money.
If the case is not controversial, there is no space for defense in the entity, then there is no need to spend a lot of money on a lawyer. If the family's financial difficulties, the use of legal aid lawyers can also. Now the full coverage of criminal defense, even if there are 10,000 shortcomings, but, for those cases that are not controversial, at least there can be a benefit, that is, even poor people can have a lawyer. It's better to have, than not to have.
If it is true that the facts of the case are not disputed, in the application of the law there is not much room for discussion, I think it is best to find a local practice years of young lawyers defense, the cost is not high, the investment of time and energy can also be guaranteed. There is no need to find a senior lawyer, because in terms of cost-effective, from the light mitigation of the first offender occasional offender usually consistently good behavior on the old and the young these, who will say, from whom the mouth are the same. Moreover, you find a senior lawyer, the last actual case, may still be young lawyers.
Two, looking for a lawyer is not looking for relations
In China such a humane society, many parties want to rely on the relationship to influence the case. First of all, I would like to express my attitude, bribery is a crime, greeting favors is a foul, these I am firmly opposed to. Secondly, in real life, there is no help to the case by favors, it must be admitted that there is.
But there are a few prerequisites: If you are playing the emotional card, then, first, you have to ask with your close relationship with a particular degree of intimacy, such as close relatives, in-laws, hair small, good classmates or comrades in arms, you have saved his life or in his distress when he did him a big favor; second, you ask for a person with direct power or direct influence on the judiciary, such as the Secretary, Dean, President, direct case handling personnel or have a close relationship with them. Only when these two conditions are met can some help be given, and such help will generally not exceed the scope of discretionary power. You yourself put yourself in the shoes of a clearly guilty case, to be hard to get into not guilty or obviously lower than the sentencing range, that have to risk how much, if not life-long friendship, or is the closest relationship, who will go to risk their lives. This is especially true in the new era of increasing control over judicial personnel and the political and legal system's uninterrupted education and reorganization of the environment.
If you don't have hard relationships and rely on money to pave the way, it's even more so. For one thing, how can you tell if and how much of your money is being delivered to the people you're trying to buy off? Secondly, the benefit of sending money or not more than the scope of discretion, and, people in the end to help or not help you, in fact, you can not be sure. Third, other people are going to take a huge risk, you think you spend how much money, to match his huge risk? If you don't have the financial resources, is it better not to go to that crooked mind?
So, based on the above analysis, what I want to tell you is that in the real world, want to spend money to get people out or seek a lighter sentence, putting aside the criminal risk of bribery, ninety-nine point nine percent, it is going to be a waste of money. If the fixer is not the first of the two prerequisites I mentioned, but the people who do not know each other, or even take the initiative to come to the door of the "enthusiasts", then it is 100 percent.
Some people say that I spend money to find a relationship, not for the sake of justice to take care of me, but only for the sake of justice to be able to fairly hear my case. If it is with this kind of thinking, I advise you to spend even less money on this waste of money. Because if your family's case, there is indeed justice can not be fair hearing of the intervention factors, then there must be its particularity, regardless of this particularity is due to the special attributes of the case itself, or because some people out of a special purpose manipulation of the case, or involves a huge interest in the related parties, or even just out of private grudges, that need to be taken according to different reasons for different measures to cope with the response, but are By no means can you rely on money and gifts will be able to move away from the intervening factors.
Many of the parties themselves do not have a relationship, they hope to find a lawyer with a relationship, so they look for lawyers first choice, not to look at the professional ability, not to look at the degree of dedication or professional conduct, but to see if there are resources and relationships, in short, is the first choice of the lawyer to hook up. Some time ago, there was an incident of bribery by a lawyer, and a lawyer said in an interview that the purpose of bribery was also to achieve justice, which caused a public outcry. Frankly speaking, if a lawyer really for the sake of his client's case, to risk giving money to the judge, then in the hook lawyer is also considered to have a conscience. In the vast majority of cases, many people claim to have connections, but just to solicit cases, in addition to the lawyer's fee, then another amount of money can be collected for activities. As to whether the money is taken to gifts, or used as his own liaison with the judicial staff of the spending, or all his personal, only the ghost knows.
On this issue, I think there is no essential difference between a hooker lawyer and an ordinary fixer, the only difference is that he has a lawyer's identity, and it is relatively safer to collect money. Beyond that, I think my earlier analysis of the validity of looking for connections or spending money on gifts is still entirely applicable. First of all, this lawyer if there is no special relationship with the judicial personnel, 100% is to deceive you; Second, even if there is really a special relationship, but also at most in the scope of discretion can start role, or you can not confirm. (Of course, in the end there is no special relationship, you can not just listen to him, you have to do their own research); Finally, even if he has a special relationship, if you and he is just an ordinary entrusted relationship, why should people spend his special relationship on you. What makes you believe that your case is not an ordinary case for him? At this point, I'm afraid you need to rely on two things: first, you have to pay enough money to make you stand out from so many other clients as a special case that he is willing to use his relationship; second, the lawyer you come across who has a relationship with him has to be a particularly conscientious person, who will feel guilty if he receives a high lawyer's fee from you and doesn't do a good job for you. Very sadly, I think the likelihood of that is even lower than the probability of winning the grand prize in a lottery.
So, unless you're someone for whom it doesn't matter at all how much you pay in attorney's fees, such as being worth billions of dollars and not having your funds frozen, and all you're buying is peace of mind that you're exhausting all possibilities as a family member, there's really no need for you to spend that kind of wasted money. And, even if the cost is not an issue for you, you still can't discount the expertise, because a wrong lawyer taking up the slack and infringing on your family's chances of getting a proper defense can be more damaging yet than the money. So even if you're looking for a lawyer with real connections, you still have to consider whether he has the expertise, and some of my subsequent analysis still stands.
There are a number of cases in which a relationship is of no use at all. These include:
1. Political cases. Ten years ago, I heard of successful examples of cases that were saved through the so-called state masters at the top, but the exact details are unknown. Kremlin science has no trace of this, outside the palace, more mysterious, just listen to it. This kind of isolated example does not have the significance of the sample, and there is no way to imitate. The point is, the change of times, the new peach has long been replaced by the old symbol, in the new era, political cases can never be solved by looking for relations, and such a practice, in fact, is also a second injury to the personality of the detainee.
2. Stabilization cases. Including visitor cases, faith cases, shouting complaint cases, and so on. You must realize that you have become a local perceived destabilizing factor, and still think of finding a relationship to solve the problem, is not to seek skin with the tiger?
3, job crime cases. The case of the Supervisory Committee, if you look for relations can be arranged, then the Supervisory Committee or the jianghu talk about the tiger Supervisory Committee? Of course, this is not absolute, since this type of case with some kind of special power, then there is a law applies, that is, the most effective means of suppressing power is to seek the support of a higher power. The problem is, you have to weigh whether you have that power, as well as, the relationship you seek, in the end, reliable or not, see above for a specific analysis, ditto.
The Supervisory Committee of the case, I think we need to distinguish between situations. Really problematic, since you are the organization of the people, then good in front of the organization has a good attitude, crying, pain, plead guilty to not appealing, perhaps, but may be a big deal, the money becomes less, not only can the sentence on the minimum, in the future after the release of the prison can also have the money to retire. Anyway, greedy also greedy, money also received, the organization open grace, on your leniency, you have what is not satisfied?
Another situation, really nothing, or a little thing was expanded to a great. Then do a good job of strong psychological construction, relying on your party cadres should have a strong will to survive a long suffering retention period. If you really can carry on, did not make a guilty confession against you, then, when the case moved to the Procuratorate, the person sent to the detention center, and then find a good lawyer to argue a good defense, perhaps more or less still have a little chance. Of course, the contemporary Liu Hulan is not much. I can only tell you a little bit of the current judicial situation, so that you have some psychological hints of support, to see if relying on such psychological hints, is able to resist the Supervisory Committee of all kinds of powerful offense. That is, you have to bear in mind that if you are really not corrupt or did not take so much money at all but admit it yourself, the consequence you face is that not only will you have to sit in jail for more time as a result of this, your family will have to go around borrowing money to return the stolen goods and pay the fines for the amount that you have fabricated. Because according to the new rules, if you do not actively return the stolen goods, you basically do not have the opportunity to reduce the sentence of parole. Think about it, isn't this a double injustice? Isn't it something that is not there, and you can't admit it even if you beat yourself to death (not to mention the fact that the Supervisory Committee is very civilized in its handling of cases, and will not beat you).
4, the cases of special operations. For example, since 2018, the special action to combat black and evil, last year's pilot this year's national implementation of the political and legal system education and rectification. We have to know, in China, the judicial work is first of all political work, since it is a political task, there are assessments and indicators of political performance, there is also the sword of Damocles of political correctness hanging over the head, so in this type of case, more layers of code from the heavy from the fast, there is the courage to intervene in the case because of favors or money in order to take the case lightly to put the political and legal cadres, I'm afraid that there are very few. More, afraid of receiving your money, but also more front to seek a good performance in the team. This kind of case, to escape from life, I'm afraid that only find a lawyer to let go of the true defense of this road, it is possible to find a little hope in the cracks. (Text: Yan salary lawyer / Beijing Lai Shuo Law Firm director)
Yan salary lawyer criminal defense one: how to find the most suitable lawyer for the parties and their families