First, how to get a preliminary understanding of the case: the information obtained by relatives about their family members being arrested can be roughly divided into three situations: being taken away from home, being told by others, and being told by the police. At this time, relatives want to know what crime they are suspected of. Is it serious? What should relatives do?
1. If they are taken from home and told by others, their relatives must first find out where the case-handling unit is and who the specific case-handling personnel are. Relatives should rush to the case-handling unit with their ID cards or household registration books to show their identity and wait for the police to inform them of the preliminary information. The first confession of the people involved is very important, and many illegal cases such as extorting confessions by torture, fatigue interrogation and extended detention occur at this stage. Knowing that relatives are waiting outside, the police dare not mess around. This stage is called summons and compulsory summons, and the time cannot exceed twelve hours. If this time is exceeded, relatives can ask the police for a notice of criminal detention. This seems to urge the police to take criminal detention, but in fact it is a disguised form to supervise the police to handle the case and let the suspect rest, at least it is insane. If you can't get bail or be released on the spot, it is also a kind of protection to put the suspect in a detention center.
Article 119 of the Criminal Procedure Law stipulates that the time limit for summons and detention shall not exceed 12 hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
2, relatives received a notice of criminal detention. The police can inform their families by phone or registered mail, and most of them use the latter. Because there will be a time difference of several days in the notice of registered mail, during this period, there will be no interference from relatives, lawyers and acquaintances, and the preliminary examination can be completed quietly. The notice of criminal detention will specify the accused crime, the address of the detention center, the handling unit and the undertaker. After receiving this notice, the family members can first send some clothes and living expenses to the detainees in the detention center, and then go to the case-handling organ to understand the case.
Second, do you want to hire a lawyer at the beginning of the case? After a family member was put into a detention center on suspicion of committing a crime, the relatives wanted to visit and ask about the situation in order to calm their emotions. Although the law stipulates that relatives can meet, the case-handling unit generally will not even approve it. At this time, relatives will consider whether to ask a lawyer for help. Hiring a lawyer is a kind of high consumption, ranging from thousands to tens of thousands, so we must be cautious.
1. Criminal cases without lawyers.
If relatives are not short of money, it is certainly better to hire a lawyer than not to hire one. The key is whether it is necessary to pay for a lawyer. In terms of understanding the case, if relatives know the case in advance, they don't need to spend money to ask a lawyer for information. If the legal sentencing of a case is one or two years, the case is clear and uncontroversial, and the suspect has little chance to plead guilty and win innocence and a light sentence. There is no need to spend money on lawyers in these cases. It is better to give him more living expenses and eat and reflect.
2. Criminal cases in which lawyers must be hired.
If relatives are not short of money and need to inquire about the case urgently, they need a lawyer to meet the detainees. If the case is serious, it is best to ask a lawyer, and the sooner you get involved, the better. If you enter the detention center to meet the detainees, you will know the details of the case and the trial, and take a message instead of your family to calm your emotions; Timely understand whether the compulsory measures taken by the police are appropriate, and put forward legal suggestions when necessary; It is found that the police can report illegal cases to the procuratorate. Even if the judiciary can handle cases according to law, lawyers will also play a supervisory role, so the role of lawyers cannot be underestimated.
3. If a criminal suspect can't afford a lawyer due to family difficulties, he can apply for a free lawyer at the local legal aid center; If necessary, you can also hire lawyers in stages, such as only letting lawyers meet, handling bail pending trial, and defending the trial. , this is all possible.
Iii. Several problems that may be encountered in the initial stage of the case: 1. If there are victims, they should be appeased in time, and it is best to get forgiveness. For example, after a case of intentional injury, relatives should apologize to the injured person in time, advance some medical expenses, and accompany the nurse to prepare the next understanding agreement. Because the victim's letter of understanding can win a lighter punishment for the criminal suspect. If the circumstances are minor, you can try not to ask for arrest, prosecution or probation. If the victim doesn't let go, the judicial organs can't punish him lightly, and they are afraid that the victim will continue to pester him.
2. Whether to obtain bail pending trial. If the legal sentencing of a case is more than three years or actual punishment, the principal offender, recidivist, triad-related, bribery, etc. in the gang do not need relatives to spend money to get bail pending trial, and the latter case is definitely not approved, while the first two cases are to spend money to avoid going to jail for several months, which is unnecessary. Of course, if you are a minor, pregnant or sick, your relatives can apply according to law, and you don't need a lawyer in these cases.
3. Don't be superstitious about "relationship". There are strict procedures and disciplines in criminal proceedings, and no one will talk about human feelings with his rice bowl and political future, even if the relationship is iron. The murder case of burying a corpse in Hunan playground surfaced 16 years later. 19 public officials involved in the public prosecution law have not been investigated, and retirees are not immune!
4. Send clothes and living expenses to detainees in time. If relatives can't contact the detainees temporarily, they can send some clothes and living expenses to the detention center. After receiving it, the detainees also know that outsiders have got the information, and their psychology will be comforted. When sending clothes, be careful not to have metal ornaments, ropes, glasses with plastic frames, letters and cash, or send some books to let him pass the boring time.
Conclusion:
Ok, let's write this. In this case, there is no way to write it all out, only to give some tips to friends in need.