How to deal with relatives breaking the law?

First of all, don't panic. Your relatives and friends may be suspected of committing a crime, but only suspected. No one can be found guilty without a court ruling according to law. The lawyer tells you the correct way to deal with your relatives and friends after they are arrested! I. General process of criminal detention by public security organs 1. When carrying out detention, the public security organ shall hold a valid Detention Certificate and show it to the detainee. According to the law, detention is carried out by public security organs. When the public security organ carries out detention, it shall show the detainee the detention certificate issued by the public security organ at or above the county level and announce the detention. Ordering the detained person to sign or seal the detention certificate. If the detainee refuses to sign or seal, it shall be indicated. It is illegal not to show the detention permit, or to detain first and then reissue the detention permit. 2. Under normal circumstances, the public security organ shall notify the family members of the detained person or their units within 24 hours. According to the provisions of Article 83 of the new Criminal Procedure Law, the organ that decides to detain shall make a notice of detention within 24 hours, stating the reasons and place of detention, and serve it to the family of the criminal suspect or his unit, unless it hinders the investigation or cannot be notified. According to Article 84 of the new Criminal Procedure Law, the public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, a release notice will be issued, and the detention center will issue a release certificate to the detainee with the release notice and release it immediately. If a detainee is approved for arrest, he shall be tried in accordance with the provisions of the Criminal Procedure Law. If later acquitted, the detainee can apply for state compensation. 4. The longest period of criminal detention shall not exceed 37 days, unless the detained criminal suspect is examined after being arrested with approval, and the following treatments are made respectively according to the case information and the approval of the person in charge of the public security organ at or above the county level: (1) If it is necessary to arrest, the procedures for requesting approval of arrest must be handled according to law within the detention period; (two) criminal responsibility should be investigated, but there is no need to arrest, and after going through the formalities of bail pending trial or residential surveillance according to law, it is directly transferred to the people's procuratorate for prosecution; (3) If the main facts of the crime cannot be ascertained during the period of detention, the investigation shall continue after going through the formalities of obtaining a guarantor pending trial or residential surveillance according to law; (4) To cancel or decide not to prosecute the case, release the detainee and issue a release certificate. Second, after relatives and friends are arrested, the ten correct ways to deal with them are 1. First of all, don't panic, check its authenticity through various channels to prevent being deceived. According to Article 83 of China's new Criminal Procedure Law, after detaining a criminal suspect, the family members of the detained person or their units shall be informed of the reasons and places of detention within 24 hours, except in cases where the investigation is hindered or the notification cannot be made. The public security organ will generally notify the family members by express delivery according to the address mentioned by the suspect. In practice, it often happens that criminal suspects do not fill in the contact address of their families in order to avoid their worries. If you hear that your family has been arrested and haven't received the notice of criminal detention, you can ask a friend or lawyer of the Public Security Bureau to help you check and confirm, and suggest that your family directly ask the case-handling organ about the charges, police officers and contact numbers. Special reminder: If you suddenly receive the information that your relatives and friends are under criminal detention and ask you to remit 10,000 yuan into an account before releasing it, you must be careful. The public security organ won't let you remit the money and let people go. You can be sure that you are a liar. Now the disclosure of private information is not generally serious. There are countless swindlers who cheat money in this way. The author has dealt with many similar cases. 2. Ask the case-handling organ whether it is criminal detention or administrative detention. The detention of public security organs in judicial custody is generally divided into criminal detention, administrative detention and judicial custody. Administrative detention and judicial custody generally do not last more than 15 days, and lawyers are not needed. However, if you are not satisfied with their detention, you can find a lawyer to apply for administrative reconsideration or bring an administrative lawsuit. Criminal detention If you are detained on suspicion of a criminal offence, you are likely to be sentenced. The situation is much more serious than judicial custody and administrative detention. Usually you will apply for approval of arrest within 37 days. In this case, the sooner you hire a lawyer, the better! 3. Determine the exact location of relatives and friends. The place of detention can be determined through the detention center designated by the criminal detention notice; If you do not receive the notice of criminal detention in time, you can directly submit it to the investigation organ handling the case. Your family members are arrested or released with the approval of the procuratorate within 10 days when the public security organ files a case for investigation, up to 37 days, up to 10 days when the procuratorate files a case for investigation, up to 14 days. The notice of criminal detention generally contains the accused crime, the case-handling organ, the case-handling personnel and the contact telephone number. Family members or entrusted lawyers should go to the detention center to save some money for the suspect. People who have just entered the detention center are very painful and helpless. We suggest going to the detention center to save him some money. The suspect has summer clothes and winter clothes in the detention center, and clothes are generally not sent. Usually it doesn't cost anything, but the food inside is really not very good, and there is no oil and water. It is a good place to lose weight. There is a food supermarket in the detention center, but the price is slightly more expensive. Sometimes, I buy some food to improve my life. When you leave, the detention center will return the balance to the suspect. 5. If the suspect is nearsighted above 500 degrees, it is inconvenient to give him a pair of nearsighted glasses to work in the detention center. The detention center allows people with myopia above 500 degrees to wear glasses. The frame of myopia glasses must be all plastic, and the lens must be resin, not metal. The screws for fixing the frame should also be plastic nails. The degree, lens material and seal must be clearly written on the receipt issued by the optical shop. After checking the degree at the external service window of the detention center, he will accept the glasses, then let the lawyer meet and tell the suspect that his discipline will help him accept them. 6. Before the judgment takes effect, family members are forbidden to meet, and only lawyers can meet. In criminal cases, before the court decision takes effect, family members are not allowed to contact or meet with criminal suspects, and only lawyers can meet. Therefore, after your relatives and friends are criminally detained, their families should entrust a lawyer as soon as possible. Only in this way, lawyers can meet in time, understand the case in time and take the next step. 7. If you are detained in criminal detention, you should hire a lawyer in time, and the sooner you hire a lawyer, the better! Lawyers are legal professionals who are much more professional than you in handling cases and communicating with public security organs. Never turn over the law books by yourself, or handle it by yourself after consulting several lawyers. The result can only be futile, but it will increase the difficulty of lawyers' handling. In fact, in general criminal cases, attorney fees are not expensive. 8. Family members don't have to worry about lack of food and clothing in the detention center, or being abused or injured. There are winter clothes and summer clothes in the detention center. The interrogation requires full video recording, and there is no need to worry about being abused, injured or extorted by torture. According to the nature of the crime, there will be separate housing management, regular classes and reeducation through labor in the detention center, so there is no need to worry about malignant infection with each other after coming out. 9. Don't blindly listen to other people's promises. After relatives and friends are arrested, family members are usually extremely nervous. At this time, it is even more necessary to calm down. Don't blindly listen to other people's promises, such as relationships and fishing! Because there are many people pretending to be big-headed ghosts now, once they believe it, it is a waste of money, but it is illegal and they will regret it for the rest of their lives! Family members must not listen to others, and have illegal acts such as destroying, concealing criminal evidence, interfering in handling cases, and shielding accomplices. Otherwise, one person will not come out and several others will go in. At this point, the only thing you can trust is a lawyer. 10. Make economic, time and psychological preparations for criminal cases at any time. The public prosecution law has a step-by-step processing flow, and it is useless for family members to worry. They can only follow the steps of the public prosecution law. This is an unequal confrontation between state public power and individual private rights, with high economic and time costs. Generally, the lawyer in charge will communicate with the public security law in time to tell the family members and criminal suspects the progress of the case. How to hire a lawyer for family members 1. When to hire a lawyer Some criminal cases are handled in prime time, especially those minor crimes, such as drunk driving, intentional injury, traffic accidents, drug abuse, and a small number of positions occupied by unofficial personnel. If you hire a lawyer in time and handle it properly, you will achieve unexpected results; If hiring a lawyer misses the golden processing time, it will be much more difficult for lawyers to deal with it later. Generally, as long as criminal detention is confirmed, a lawyer should be hired as soon as possible. If the arrest is approved, a lawyer should be hired as soon as possible. 2. Who can hire a lawyer? A criminal suspect has the right to hire a lawyer by himself or by entrusting others. If a criminal suspect is detained, his close relatives may hire a lawyer for him; If there are no close relatives, other relatives or friends may also hire lawyers on their behalf. "Close relatives" as stipulated in the Criminal Procedure Law refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. 3. What materials do you need to entrust a lawyer (1)? If a couple hires a lawyer, they only need to bring their marriage certificate and ID card. (2) If a lawyer is hired by a parent, mother, son, daughter or brother or sister who is registered in the same household registration book as the suspect, he only needs to bring his household registration book and ID card. (3) Parents, mothers, sons, daughters, brothers and sisters, and people with different accounts of the criminal suspect need to bring the certificate of close relatives and the ID card issued by the local police station. Three, the ten benefits and functions of hiring a lawyer 1. Through interviews, study the file evidence, analyze the case, effectively defend, and achieve the purpose of innocence, lighter or mitigated punishment. Through interviews, lawyers studied the evidence materials of the case file, comprehensively grasped and analyzed the case, and found the evidence defects. By defending in court and submitting defense words, the judge can have reasonable doubts about the whole chain of evidence and adopt defense opinions, so as to achieve innocence, lighter or mitigated punishment. In the criminal cases handled by the author, there are not a few people who are finally acquitted. Some cases of innocent defense, although convicted, are also given a lighter punishment or suspended sentence. The unjust case of Hugue Gilletu in Inner Mongolia, which once shocked the whole country, and the unjust case of Nie Shubin in Hebei Province a few days ago finally settled. In addition to the unremitting efforts of those just people, the role of defense lawyers is also indispensable! 2. Fully understand the case, issue legal opinions or communicate effectively to the public security inspection law in a timely manner, and strive for withdrawal or exemption from prosecution for unjust, false and misjudged cases, crimes that do not belong to crimes or crimes with minor circumstances. Through a comprehensive understanding of the case, lawyers study the case files, and issue legal opinions to the Public Prosecution Law in time for those unjust, false and misjudged cases, cases that do not belong to crimes or cases suspected of crimes, so as to urge the public security organs to cancel the cases or the procuratorate to make a ruling not to prosecute. In the criminal cases handled by the author in recent years, the cases in which the public security organs withdrew or the procuratorate did not prosecute also accounted for a large proportion. 3. If there is a victim, you can communicate effectively with the victim or his lawyer and try to get an understanding, so as to achieve the purpose of lightening or mitigating punishment. For those cases with victims, because the victims or their families have serious resistance to the families of criminal suspects, they cannot be understood in time. Most of them can still be moved by lawyers, reasoned with reason, reasoned with reason, or effectively communicated and compensated with the victim's lawyers, so as to achieve the purpose of lightening or mitigating punishment. The author once represented a case of intentional injury, which caused the victim to be seriously injured in the first degree. After many times of communication with the victim and his lawyer, he succeeded in understanding and finally got a lighter sentence, and achieved good results in applying probation. 4. Be able to communicate with the public security inspection law in a timely and effective manner, return stolen goods, compensate or perform meritorious service, so as to achieve the purpose of lightening or mitigating punishment. For those cases with victims or duty crimes, lawyers can communicate with the public security law and the victims in a timely and effective manner, and gain understanding by returning stolen goods, making compensation, or reporting major criminal clues, so as to achieve the purpose of lightening or mitigating punishment. 5. Get bail pending trial in time. For minor crimes such as dangerous driving, intentional injury, traffic accident and duty embezzlement. The lawyer will submit bail pending trial to the public security law in time, so that your relatives and friends can get out of the misery as soon as possible. Bail pending trial requires guarantee procedures. The guarantee includes lawyer's guarantee, family's guarantee and payment guarantee, among which lawyer's guarantee is the most effective guarantee and the most reassuring guarantee in the public security law. 6. The charges of correcting mistakes are different, and the sentencing is different. Many crimes in criminal law are very similar, and even legal experts sometimes find it difficult to distinguish them. Public security organs and procuratorates will inevitably make mistakes. If the accusation is wrong, it may be severely sentenced. In the court trial stage, lawyers will defend themselves and even issue legal opinions, so that the correct charges can be applied in the judgment, so as to avoid being misjudged and sentenced to heavy sentences. 7. If there are illegal acts such as extorting confessions by torture, lawyers can report to the procuratorate and other departments in time. After your family is detained, your family should entrust a lawyer to intervene as soon as possible. If the suspect is tortured to extract a confession, he can explain the situation to the lawyer when meeting with him. Lawyers can report and accuse to the procuratorate and other departments. If extorting a confession by torture is true, the confession obtained by the case-handling organ shall not be used as conclusive evidence. 8. Meeting with lawyers can effectively calm the emotions of criminal suspects. Except for a few recidivists, most of them are good citizens, and some don't even know that they have broken the law. After being detained and sent to the detention center, people are generally nervous, scared, helpless and depressed. Meeting with lawyers and answering legal questions can effectively comfort criminal suspects, calm their emotions, maintain a good attitude and actively cooperate with lawyers in handling cases. 9. Follow up the progress of the case and file an appeal in time. According to China's criminal procedure law, appeal cannot aggravate punishment. If the criminal suspect or his family members think that the sentence in the first instance is too heavy and refuses to accept it, the lawyer will appeal in time, submit new favorable evidence in time, participate in the trial and defense of the second instance, and safeguard the legitimate rights and interests of the criminal suspect. 10. After closing the case, assist in handling the formalities such as fines, probation and family meetings. After the judgment of the first or second instance comes into effect, some cases need to go through the formalities of paying fines, probation, family meetings and so on. If the circumstances are serious, the suspect will be transferred from the detention center to the prison to execute the punishment, and the lawyer will assist the family members to handle these procedures.