It's huge.
It can be said with great certainty that smoking is prohibited.
criminal case
Lawyers play a very important role.
It is very necessary to hire professional criminal defense lawyers to help criminal suspects or defendants.
In different stages of smoking ban cases, the role of lawyers is different:
1, investigation stage
Lawyers can relieve their anxiety and give them psychological comfort by meeting criminal suspects;
Explain the accused charges and relevant legal knowledge to the criminal suspect, so that the criminal suspect can know whether he constitutes a crime or the possible consequences; Try to avoid it.
Confess a confession by torture
The occurrence of; It can also help criminal suspects to apply for bail pending trial according to the case.
2, review the prosecution order
You can get a detailed understanding of the relevant case to the examination organ of the procuratorate, including consulting or copying all the case files involved, and put forward the defense opinions of the suspect's innocence, light crime and this crime and that crime to the procuratorate.
3. Trial stage
Lawyers can meet the defendant to understand and collect evidence clues of light or innocent crimes;
You can meet with the presiding judge, read and copy the file materials accusing the defendant of being guilty;
Seriously study the case, fully argue in court, etc.
Second, how much do non-smoking lawyers charge?
The lawyer's fees for non-smoking cases are as follows:
(1) The charging standard for criminal cases is piecework charging at all stages of handling cases.
1. In the investigation stage, the charge for each piece is 2000- 10000 yuan.
2、
Review and prosecution
Stage, each charge is 2000- 1 ten thousand yuan.
3, the preliminary stage, each charge 4000-30000 yuan.
4. The above charging standards are not limited.
(2) In cases of second instance, death penalty review, retrial, appeal and criminal private prosecution, the lawyer's service fee shall be charged according to the charging standard in the first instance.
(three) the law firm represents multiple stages of a case, and reduces the fees as appropriate from the second stage.
(4) If the victim files a criminal incidental civil action case, the lawyer's service fee shall be charged according to the charging standard of civil action case.
(5) If a criminal suspect or defendant is involved in several crimes or criminal facts at the same time, he may be punished for several crimes according to the crimes or criminal facts involved.
There are specific standards for attorney fees, which are closely related to the following factors:
1, the specific circumstances of the case, mainly refers to the complexity of the case, such as a separate crime or
* * * The same crime is one crime or several crimes, involving one criminal fact or several criminal facts, and so on.
The specific circumstances of the case directly determine the difficulty of legal affairs and other necessary handling expenses, which is the primary factor in determining the lawyer's fee.
2. The specific requirements of the client Different clients have different requirements for the lawyer's work, and the most typical one is the number of interviews in the investigation stage. Some clients will ask lawyers to increase the number of unnecessary meetings in addition to the number of meetings needed in the case, which will directly increase the workload and other costs of lawyers and lead to an increase in lawyer fees.
The specific requirements of the client are an important factor in determining the lawyer's fee.
3. The specific situation of lawyers: The different social reputation and work level of lawyers determine their different work values and fees. The lawyer's specific situation is the key factor to determine the lawyer's fee.
Third, can non-criminal lawyers successfully obtain guarantors?
Not necessarily.
The success of obtaining a guarantor mainly depends on whether it meets the conditions for obtaining a guarantor, and there is no direct and inevitable connection with hiring a lawyer.
However, compared with the application of the suspect himself or his relatives, the lawyer applied.
obtaining a guarantor pending trial
The success rate is definitely higher.
The conditions for obtaining bail for non-smoking cases are as follows:
The conditions for obtaining bail for non-smoking cases are as follows:
According to Article 65 of the Criminal Procedure Law, the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced
periodical
The above punishment, bail pending trial, will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 66 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Be released on bail pending trial
Criminal suspects and defendants shall abide by the following provisions:
(1) Do not leave the city or county where you live without the approval of the executive organ;
(2) If the address, work unit and contact information change, it shall report to the executing organ within 24 hours;
(3) Arriving in time at the time of arraignment;
(4) Do not interfere with the testimony of witnesses in any form;
(5) Never destroy or forge evidence or collude with others.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.