1. How can I find a lawyer when my family is in criminal detention?
1. You can learn about institutions online. A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to the parties due to his fault, his law firm shall be liable for compensation.
2. It can be introduced by people you know.
2. How to hire a lawyer in criminal cases:
1. Find a lawyer in charge of criminal defense.
2. Determine the meeting place. I suggest you go directly to the lawyer's office to communicate face to face.
Tell the lawyer about the case in detail and see if the lawyer's legal analysis of the case is in place.
If the client thinks this lawyer is suitable, he can go directly to the law firm to handle the entrustment procedures.
If a law firm thinks that it can accept the employment, it shall sign a contract for hiring lawyers with the parties, go through the entrustment formalities, clarify the rights and obligations of the parties and the law firm, specify the name of the lawyer entrusted by the law firm to handle the case, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract.
5. Pay the lawyer's fee.
3. How to communicate with lawyers?
In addition to the fair administration of justice stipulated by laws and regulations, each case handler will have his own specific interests when applying for handling cases, which is usually the first condition for decision-making case handlers to actually apply for handling cases. In the whole communication process with the case handlers,
From the perspective of the case handlers, think about the interests of the case handlers, think about the problems they are worried about, and put forward their own suggestions purposefully, which can greatly enhance the probability that their suggestions will be adopted.
For example, investigators are generally unwilling to be reprimanded for the defects in the procedural flow of the case. When the procedural flow of a case is flawed, but it cannot endanger the evaluation of the entity line, the defense lawyer can use the psychological state of the case-handling personnel to obtain the interests of the case-handling personnel in the entity line according to the interests of abandoning the procedural flow; For another example, the case handlers are most worried about the accountability of unjust, false and wrong cases. When defense lawyers communicate with case handlers,
It is necessary to focus on the possibility of unjust, false and wrong cases, so that case handlers can be more cautious and leave room; Another example is that defense lawyers can improve their own suggestions when they clearly put forward their own suggestions. If adopted, it may be beneficial for the case-handling personnel to obtain examination results at work and promote the case-handling personnel to make choices that are beneficial to them.
Considering the specific interests of the case handlers, it is not contradictory and contradictory to fully express the defense opinions from the perspective of defense. In the communication, the defense lawyer fully emphasized the shortcomings in the case and shook the confidence and confidence of the case handlers. The essence is to use the case handlers to worry about handling unjust, false and wrong cases and being accused and reprimanded to achieve their goals. They are two sides of an organic whole.
The case-handling personnel have the right to decide on the procedural flow and substantive route, and it is difficult to criticize and reprimand their decisions as long as they are within the scope of administrative law enforcement procedures permitted by laws and regulations. In practice, the execution of this administrative law enforcement procedure is not only endangered by factors in laws and regulations, but also influenced by many other factors. Once the case-handling personnel and criminal defense lawyers have immediate contradictions and contradictions, it is definitely not a good thing for defense lawyers.
In view of some personal behaviors of case handlers, defense lawyers can be sharp-tongued and arrogant, but it is easy to worsen contradictions. The perfection that a lawyer pursues is concrete objectivity and practical effect, not why he wins and who is embarrassed and speechless and does not quarrel. It is not uncommon for such cases to be combined with reality. Criminal defense lawyers are sleek and well-known, but the defendant lacks the concrete benefits that are likely to be obtained.
Naturally, it's not breaking the bottom line. We are used to tolerating the violation of discipline by case handlers. We just have to give priority to the interests of the defendant, follow the trend and prioritize. We don't have to choose a radical way just because we have been wronged a little and our wages are unreasonable, and strive for a larger foe in some control rights that don't endanger the overall situation. Either black or white, we don't want to get the greatest common denominator based on communication. Many times, defense is a kind of balance and concession.
In another way and practice, the actual effect is likely to be much better. If it is not necessary, there is no second way. There is no need for human factors to create contradictions and contradictions, and there is no need for contradictions and contradictions to escalate.
This point is particularly worthy of great attention on the issue of clearing illegal direct evidence. One of the key reasons why illegal direct evidence is difficult to clean up is that once it is assessed as illegal direct evidence, it means that the relevant case handlers will be held accountable. This may not only make the problem more troublesome,
Moreover, the case handlers are under great pressure. Defense lawyers can choose tortuous ways, and unreasonable and legal investigation and evidence collection methods endanger the universality, authenticity and effectiveness of direct evidence. If the regulations are not adopted, the actual effect of objectivity is the same, but it relieves contradictions and prevents immediate opposition. On the contrary, it is more acceptable and adopted.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders.
The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 97 A criminal suspect or defendant, his legal representative, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
Article 99 A people's court, people's procuratorate or public security organ shall release a criminal suspect or defendant after the expiration of compulsory measures, obtain bail pending trial, place him under residential surveillance or change compulsory measures according to law. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.
Article 119 The time limit for summoning or compulsory summoning shall not exceed twelve 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.
Article 161 If a defense lawyer makes a request before the investigation of a case is completed, the investigation organ shall listen to the opinions of the defense lawyer and record them. If a defense lawyer puts forward a written opinion, it shall attach a volume.