What's the use of hiring a lawyer when breaking the law? Lawyers speak professionally, know where to start defending, and are familiar with some relevant legal knowledge. Many people who have power and money will hire lawyers when they break the law. Let's share with you the use of hiring a lawyer when breaking the law.
What's the use of hiring a lawyer if it's illegal? 1 (1) Provide legal services and represent complaints and accusations.
(2) applying for obtaining a guarantor pending trial or residential surveillance.
(3) After accepting the entrustment, the lawyer gets in touch with the investigation organ, learns from the investigation organ about the charges charged by the criminal suspect, and puts forward specific requirements for meeting the criminal suspect in time. Since the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter to learn about the relevant case.
(4) If the detention period expires and the arrest is not approved or the compulsory measures are changed, they may request the cancellation or change of the compulsory measures, and may obtain bail pending trial or monitor their residence.
(5) If the arrest period expires and he is transferred to the procuratorial organ or changes the compulsory measures, he may request the cancellation of the compulsory measures or change the compulsory measures, and may obtain bail pending trial or be placed under residential surveillance.
Is there any state compensation for being wrongly arrested?
Criminal compensation refers to the compensation given by public security organs, state security organs, procuratorial organs, judicial organs, prison management organs and their staff who illegally exercise their functions and powers and infringe on the personal rights and property rights of the parties. The State Compensation Law makes specific provisions on criminal compensation, which is of great significance for further promoting the public security organs, state security organs, procuratorial organs, judicial organs and prison management organs to exercise their functions and powers according to law. The scope of criminal compensation includes:
(1) Wrong detention, wrong arrest or wrong acquittal in criminal proceedings; Extorting a confession by torture, illegally using weapons, police equipment, beating or other acts of violence, causing bodily harm to citizens;
(2) Illegal seizure, seizure, freezing, recovery and other measures, resulting in property losses.
The acquittal after arrest belongs to the above situation (1), and you can get state compensation.
What's the use of hiring a lawyer if it's illegal? 1. Is it useful to get a lawyer if you are sentenced?
1. It is useful to hire a lawyer when sentencing. Lawyers can represent complaints and accusations. If lawyers can find more favorable evidence, they can put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants. If the lawyer's defense skills are high, he may be given a lighter sentence.
2. Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Second, can I be a lawyer after being sentenced to probation?
A person who has been sentenced (suspended) may not serve as a lawyer.
In any of the following circumstances, you can't sign up for the national judicial examination, and if you have gone through the registration procedures, the registration is invalid:
1. Having received criminal punishment for intentional crime;
2. Being expelled from public office by state organs;
3. The lawyer's practice license is revoked;
4. In accordance with the provisions of Article 18 of the Measures for the Implementation of the National Judicial Examination (Trial), he was sentenced to not register for the National Judicial Examination within 2 years, and the time limit was not full; Or sentenced to life and not allowed to register for the national judicial examination.
It's illegal. What's the use of getting a lawyer? 1. What's the use of a criminal suspect's family asking for a lawyer?
(a) The role of lawyers in the investigation stage:
1. Lawyers can meet with criminal suspects, inform their families of their concerns, ease the anxiety of criminal suspects and give psychological comfort. At the beginning of restricting personal freedom, many people's living environment, social status and psychological pressure suddenly changed, which many people could not bear. Things that should not have happened under poverty.
2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect. Let the suspect have a clear understanding of the difficulties he faces and know what to do and what not to do.
3. When a lawyer meets a criminal suspect, he can learn from the criminal suspect whether he is innocent or guilty, and help to do some work of fixing strong evidence to prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a temporary negligence may lead to never obtaining favorable evidence.
4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions by torture still occurs from time to time, and even the tragedy of extorting confessions by torture and maiming to death appears. If extorting a confession by torture, lawyers can lodge complaints and accusations on behalf of the criminal suspect, thus effectively reducing the occurrence of this situation.
By meeting with the criminal suspect, the lawyer can help the criminal suspect correctly understand his behavior, so as to get the opportunity to make meritorious service and reduce the punishment.
6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case, which can resolve the crisis well;
7. With the revision of the Criminal Procedure Law, lawyers will also increase on-site work to better protect the legitimate rights and interests of criminal suspects.
(two) the role of lawyers in the review and prosecution stage:
1. Meet with the criminal suspect and provide the above-mentioned assistance to the criminal suspect during the investigation stage, such as obtaining bail pending trial.
2. A lawyer can learn more about the relevant case from the examination organ of the procuratorate, including reading or copying the identification technical data and prosecution opinions involved;
3. Lawyers can put forward defense opinions to the procuratorial organs on the innocence of criminal suspects, light crimes, and this crime and that crime; If the procuratorial organ adopts the lawyer's opinion, it may lead to the case being returned for supplementary investigation or not being prosecuted. Failure to prosecute means that the suspect is acquitted in advance.
4. Even if the above objectives cannot be achieved, lawyers can exchange their views on the case with the prosecutor during the examination and prosecution stage, so as to understand the prosecutor's accusation thinking and make more adequate preparations for successful defense.
(three) the role of lawyers in the trial stage:
1. Meet with the criminal suspect, find out the evidence clues of the criminal suspect (called the defendant at this stage), and collect the evidence of light or innocence for the defendant;
2. Meet with the presiding judge, read and copy the defendant's case file;
3. Meet with the defendant and exchange views with the defendant on the defense opinions initially formed by the lawyer; Teach the defendant the trial procedure and matters needing attention in the trial, and do some cross-examination exercises when necessary, so as to cooperate properly in the court and strive for the best trial effect.
4. Seriously study the case and make full preparations for the trial. Hire famous domestic criminal experts to provide authoritative opinions on major issues to support defense views; If necessary, influential media can be invited to supervise and appeal to ensure fair trial;
5. Seriously respond to the trial, fully explain the defense reasons, and be sensible and sensible. Try to win the judge's approval of the defense point of view;
6. Carefully prepare the defense and persuade the judge to make a written judgment in favor of the defendant again; In a legal way, through various channels to influence the views of judges;
7. After receiving the judgment of first instance, meet the defendant in time, inform the defendant of the advantages and disadvantages of the judgment, and make reasonable suggestions on whether the judgment is within the above range;
8. If the defendant requests an appeal, help the defendant to appeal.
(four) the role of defense lawyers in the second instance:
1, refer to the trial materials of the first instance, review the defense plan and defense viewpoints of the first instance, and redraft the defense ideas;
2. Meet with the defendant, exchange the gains and losses of the first trial and the defense ideas of the second trial, understand the clues of light and innocent evidence that have not yet been discovered, and collect strong evidence;
3. Actively exchange views on the case with the judge of second instance, and strive to promote the trial of second instance (cases of second instance are usually tried in writing, which deprives the defendant of his litigation rights to some extent);
4. Carefully prepare and actively respond to the court debate;
5. Carefully prepare the defense words to influence the judge to change the sentence in various forms;
6. After receiving the judgment of the second instance, meet the defendant, analyze the advantages and disadvantages of the judgment, and guide the defendant to correctly understand the judgment result of the judgment. If the defendant asks for a complaint, actively help the defendant to do a good job of complaint.
(five) the role of lawyers to represent complaints:
1. Meet with the complainant, read the case file, get a comprehensive understanding of the case, put forward the appeal opinion against the effective judgment, and solicit the opinions of the complainant;
2. Carefully prepare the complaint materials, submit them to the relevant competent authorities, and seek to influence the filing of complaints in various ways within the legal scope. The complaint materials are very important, and the complaint is not a necessary procedure. The probability of filing a case is very small, the appeal materials are unsuccessful, and it is impossible to enter the appeal procedure.
3. After entering the trial procedure, the agency work of the appeal lawyer is similar to that of the defense lawyer in the first instance. Finally, the defense lawyer's successful defense in the review stage of death penalty will be the defendant's last chance.
2. When can the criminal suspect's family hire a lawyer?
A criminal suspect may hire a lawyer to provide him with legal advice, represent his complaint and accusation from the time he is interrogated for the first time or when the investigation organ takes compulsory measures.
Once a criminal suspect is taken compulsory measures, he can actually entrust a lawyer to intervene. Of course, as for when the family members choose to entrust a lawyer, this is their choice after combining the actual situation. In fact, criminal lawyers can provide different help at different stages, and it can also be said that lawyers have different roles at different stages.