1. Reasons for feeling that lawyers are useless: 1. The main reason for misunderstanding is that criminal suspects and relatives expect too much from lawyers. A crime is legally prescribed, and a criminal suspect shall be sentenced according to any statutory crime. No one can surpass the law if it is not allowed by the law. For example, stealing 100 thousand yuan is obviously more than three years in prison, but you want a lawyer to defend it as less than three years in prison, and you want to fight for probation. It is out of the question. Especially when criminal suspects and relatives are unfamiliar with the law, it is easier to hear from hearsay.
Some lawyers bluffed on this case. The lawyer's income is related to the cases he handles, and no one pays him for not representing the cases. Famous lawyers may be too busy with their cases, but new or unknown lawyers have no cases to do. The law firm will also arrange for these lawyers who have no cases or few cases to receive visitors. Some lawyers make explicit or implicit promises to get clients to sign entrustment contracts, bluffing and violating professional ethics.
3. Insufficient communication between clients and lawyers. Lawyers can only know the case by meeting with criminal suspects and reading papers, but they don't necessarily know the whole situation. They lack targeted preparation for new situations and discoveries, and are prone to "catch shadows" or miss opportunities temporarily.
4. Lawyers are inexperienced. There is a specialization in the industry. Although lawyers have passed the judicial examination and know a little about all legal fields, they are not capable of mastering all laws, so there are professional lawyers. They specialize in a certain law and a certain kind of cases. After a long time, they have accumulated knowledge and experience, and they are handy in handling certain cases. For example, if you are introduced by an acquaintance, it is certainly not as easy as a professional lawyer to ask a lawyer who often handles divorce cases to defend fraudsters.
5. Differences in understanding with judicial organs. These charges mentioned above are all stipulated by law, but the actual cases are very different, so we can't copy all the legal provisions mechanically. The prosecutor thought it was A, the lawyer thought it was B, and finally the judge recognized A. At this time, the lawyer was very helpless. After all, lawyers speak for criminal suspects, not judges.
Second, the role of lawyers in various stages of criminal proceedings: The role of lawyers in criminal proceedings can be found in the Criminal Procedure Law and the Lawyers Law. , not listed here, here is a brief introduction to the content:
1, investigation stage:
Under normal circumstances, relatives of criminal suspects are not allowed to meet, but lawyers can go through the formalities to meet directly, convey information from both sides within the scope allowed by lawyers, appease frightened criminal suspects, provide legal advice, apply for bail pending trial, and so on. At the same time, supervise the investigation organs to exercise their functions and powers according to law, and report illegal acts that are not conducive to criminal suspects to the competent authorities in time. If the case-handling organ is found to have extorted confessions by torture and corporal punishment in disguised form.
2, review and prosecution stage:
After the investigation, the investigation organ will transfer the case file to the procuratorial organ for examination and prosecution. At this time, lawyers can apply for marking papers, understand the specific case, what evidence the judicial organs have, and formulate defense strategies in time. If you don't hire a lawyer, the relatives of the suspect can't see this.
3. Trial stage:
This is the most critical stage. Lawyers implement defense strategies according to the case, argue with the public prosecution, and try to persuade the judge to adopt his own defense opinions, so that the trial will develop in the direction of benefiting the criminal suspect and strive for innocence or lighter punishment for the criminal suspect.
Third, which criminal cases do not require lawyers: not all criminal cases require lawyers to participate. For example, drunk driving was arrested by traffic police and blood tests were taken. The driver also admitted to drinking. The judge will sentence him to criminal detention for less than six months according to the degree of drunkenness, and there is basically no room for fluctuation. In this case, there is no need to spend 10 thousand yuan to hire a lawyer Which criminal cases do not need lawyers to defend? "Four elder brothers have the law" summarizes several points, and please leave a message to discuss the shortcomings.
1, the crime is relatively minor, and the statutory punishment is fixed-term imprisonment of not more than three years;
2. The criminal suspect admits that the facts of the crime are undisputed and the evidence is conclusive;
3. There is no lighter or mitigated punishment as appropriate; The law clearly stipulates that there are statutory lighter or mitigated circumstances, and criminal suspects can learn to master them during their detention. Such as minors.
Special instructions:
1. If a criminal suspect is unable to hire a lawyer due to family difficulties, he can apply to the local legal service center for a free lawyer.
2. If necessary, you can hire lawyers in stages to minimize unnecessary expenses, such as only asking lawyers to get a bail pending trial.
Fourth, how to make lawyers play their best role? 1. Learn more about the role of lawyers and don't make unrealistic demands. Simply put, lawyers are replacing criminal suspects and their relatives to supervise the judicial organs to correctly perform their statutory duties. He is not a judge. I can only hope that he will do his best.
2. Choose a professional lawyer correctly, and don't think that monks in the distance can recite scriptures. Some people like to pay big money for lawyers in big cities, but ignore the advantages of local lawyers. Local lawyers are familiar with the law and have certain connections, so handling cases is faster and more efficient. For example, in cases caused by civil disputes, lawyers who are familiar with local customs can easily grasp the main points.
3. Entrust matters should be discussed, and the more specific, the better. For example, if you want lawyers to visit detainees more frequently, you can set the interval between meetings and pay more for each additional visit. You can't arbitrarily increase the burden on lawyers, because no lawyer will handle the case.
4. Keep good communication and listen to lawyers' opinions. After all, lawyers are professionals engaged in litigation activities. Criminal suspects and relatives should pay more attention to lawyers' advice and not be self-righteous.
Conclusion: Although some people say that lawyers are buyers and sellers in robes, whoever gives money will speak for them, at the present stage of our country, lawyers play an important role in promoting the rule of law, promoting judicial justice and resolving social contradictions. The views listed in this article are just a family view, and friends are welcome to leave a message for discussion.