1. Is it useless to hire a lawyer in criminal detention?
1, it is still useful to ask a lawyer for criminal detention. The use of lawyers is as follows:
(1) For criminal suspects during criminal detention, only lawyers can meet the suspects, but family members cannot visit them. In order to strive for the greatest rights and interests, lawyers need to be involved to understand the case.
(2) The entrusted lawyer can provide legal advice and represent the complaint and accusation.
According to the law, lawyers can provide legal advice to criminal suspects when they are first interrogated or meet with them after compulsory measures are taken. Due to the special identity and status of criminal suspects and the lack of legal knowledge, criminal suspects often dare not boldly safeguard their legitimate rights and interests because they don't know the law. Therefore, when the suspect is arrested, his family should immediately hire a lawyer for him. With the lawyer's timely consultation, the suspect will be clear-headed.
(3) Lawyers can apply for bail pending trial on their behalf, and apply for cancellation or change of compulsory measures on their behalf.
After the criminal suspect is arrested, in order to solve the case quickly, the interrogators may not always carry out the interrogation in strict accordance with the law, which may damage the legitimate rights and interests of the criminal suspect and even seriously infringe on the personal rights of the criminal suspect.
2. In the whole process of criminal investigation and trial, a criminal suspect may hire a lawyer to provide legal aid after being interrogated for the first time or after compulsory measures are taken.
In practice, it is also very time-sensitive to hire a lawyer in criminal cases. Criminal suspects and their families should try to ask lawyers for assistance according to their own specific circumstances.
The reason is that lawyers can get a more comprehensive understanding of the case, collect evidence favorable to the suspect, have enough time to study the legal provisions and make full preparations for the trial. If a lawyer is hired during the trial, it is inevitable that the lawyer will be pressed for time, which may affect his role.
2. What is the longest period of criminal detention?
According to the law, the longest period of criminal detention is 37 days. If the public security organ fails to ask the procuratorate to arrest the detainee within 37 days, it must release the detainee or change compulsory measures such as residential surveillance and bail pending trial. If the procuratorate approves the arrest within 37 days, the suspect will be extended to the court for trial and finally convicted and sentenced by the court.
3. During criminal detention, can family members visit detainees?
Family members are not allowed to see their families during the period from the day when the detainee is detained in criminal detention to before the court's judgment. According to the law, during this period, only lawyers entrusted by family members (immediate family members) can meet. If the family members want to know the details of their relatives' suspected crimes and their living conditions in the detention center in time, entrusting a lawyer can solve the above problems, and entrusting a lawyer as soon as possible can effectively safeguard the legitimate rights and interests of their relatives. The final results of many cases we represent have proved this point.
4. What is bail pending trial and what are the conditions for applying for bail pending trial?
Bail pending trial, also known as bail, is also a compulsory measure, but compared with criminal detention, there are fewer restrictions on the personal freedom of criminal suspects and there is no need to be detained in detention centers. Lawyers and relatives can apply for bail pending trial for criminal suspects. The object of application of bail pending trial is criminal suspects who may be sentenced to short-term imprisonment, and the decision-making organs may be courts, procuratorates and public security organs. Once released on bail pending trial, the applicant shall provide money guarantee or guarantor guarantee.
To sum up, if you are under criminal detention, it is also useful to hire a lawyer, because lawyers know the law better than we do, and they can also help us understand the case well. At the beginning of detention, family members can't meet, only lawyers can meet, but whether to hire a lawyer depends on everyone's financial situation and the complexity of the case.