1. Contact the case-handling organ and arrange to meet the suspect in time. Although the law stipulates that lawyers enjoy relevant rights in the above-mentioned work, there are still many inconveniences in the actual exercise, and there are obvious obstacles and delays in arranging meetings by the investigation organs. At this stage, as a lawyer, you should not act blindly. It is right to argue, but you should pay attention to the ways and means. You should pay attention to the official letter of the law firm and the letter asking for an interview.
The first means that our lawyer has been formally involved in the case and informed the investigation organ. The second is that the case-handling organ can have relevant basis when it delays. In case of refusing to meet, distinguish the situation. If there are special circumstances, you can wait for the notice of the case-handling organ. If the refusal is unreasonable, you can report the relevant situation to the competent leader after 48 hours.
2. Meet the criminal suspect
Except for cases involving state secrets, the Criminal Procedure Law stipulates that lawyers can know the criminal charges and facts of the case suspected by criminal suspects.
Lawyers can also provide legal advice to criminal suspects according to law, and act as agents for complaints, accusations and prosecutions related to facts.
Legal consultation is mainly to provide legal advice on the criminal suspect's charge explanation, sentencing range and crime constitution. Don't neglect counseling, because you are facing a specialized counselor, losing your freedom, not knowing the law, and being extremely vulnerable psychologically. Therefore, we must make full preparations before the meeting, such as consulting laws and regulations, as well as relevant explanations, theoretical analysis and theoretical explanations. At least in this way, we can fully answer all possible questions. Under special circumstances, we can also help criminal suspects clear their minds through legal consultation.
As a complaint, it cannot be ignored. For example, to extort a confession by torture, the only person a criminal suspect can see is a lawyer, who can completely expose the facts of illegal interrogation to the relevant departments through a lawyer. For example, in the case of winning the bid in Shaoxing county, lawyers found scars during the meeting, which led to extorting a confession by torture and reversing the case.
Knowing the case, which is not allowed in most cases, should be studied as much as possible, such as asking criminal suspects and case handlers.
You can ask boldly unless you stop it.
3. Pay attention to problems or prevent risks.
① During the interview, remember not to ask leading questions or suggestive statements, not to express subjective intentions, not to teach suspects how to answer questions, and not to specifically involve the process of handling cases, so as not to cause unnecessary risks.
(2) Confidentiality. Except for the alleged charges, the case cannot be disclosed to family members or the outside world, because the characteristics of criminal cases cannot affect the smooth progress of investigation.
(3) No investigation and evidence collection is allowed, because lawyers have no right to investigate at the investigation stage (the family members of the parties often ask for an investigation and should refuse it).