How to get a lawyer to help you get evidence

A defense lawyer to investigate how to apply for evidence

In practice, the parties apply to the people's court to investigate the collection of evidence shall have the following evidence:

(a) the person making the application must be the parties or their agents.

(ii) shall submit an application. The parties apply to the court to investigate the collection of evidence, the procedure should be submitted to the court in writing. The application shall contain the name of the person being investigated or the name of the unit, the place of residence and other basic information, the content of the evidence to be investigated and collected, the need for the people's court to investigate and collect evidence of the reasons for the fact that they want to prove.

(C) meet the deadline for the submission of the application. The parties and their agents to apply for the people's court to investigate and collect evidence, not later than seven days before the expiration of the period of proof.

(D) to provide the necessary evidence clues, and the clues should be substantially related to the evidence.

(e) Pay the necessary fees required by the People's Court to collect evidence.

The court of the parties and their legal representatives of the application is not allowed, should be served on the parties or their legal representatives of the notice. The notice shall inform the decision not to allow and the reasons. The parties and their legal representatives can receive the notice of the next three days to the court accepting the application for a written application for reconsideration. The court shall review once. The court shall reply within 5 days from the date of receipt of the application for reconsideration.

Second, the defense lawyer to collect evidence of the procedure

Defense lawyers, with the permission of the people's procuratorate or the people's court, and with the consent of the victim or his or her next of kin, the witnesses provided by the victim, they may collect from them materials related to the case. This is the same law specifically gives lawyers the right to investigate and obtain evidence, other defenders do not enjoy this right. But lawyers in the exercise of this right, subject to the following restrictions:

First, the people's court's permission. The people's court whether to license, mainly to see whether the lawyer will cause harm to the victim, whether it will affect the fair trial of the case;

Second, the victim must be the victim, the victim's close relatives, the victim to provide witnesses agree.

Defense lawyers by the witnesses or other relevant units and individuals agree, they can collect materials related to the case, can also apply to the people's procuratorate, the people's court to collect and retrieve evidence, or apply to the people's court to notify the witnesses to testify in court. This is the law gives lawyers the right to investigate and obtain evidence, other defenders do not have this right. Lawyers in order to defend the needs of witnesses or other relevant units and individuals agreed to collect from them to confirm whether the defendant crime, serious or minor crimes, physical evidence, documentary evidence, audio-visual materials and witness testimony. In practice, due to various reasons, caused by lawyers than the judicial organs to obtain evidence is much more difficult, witnesses or other units or individuals refused to meet with lawyers, lawyers to provide evidence, refused to testify, for this kind of situation, the criminal procedure law gives lawyers can apply for the people's procuratorate, people's court to collect and retrieve evidence and apply for the people's court to notify the witnesses of the request for the right to appear and testify.

For example, the lawyer to ask people who know the case to provide testimony, was refused, you can apply to the people's court to issue a notice to testify in court. For lawyers to apply for the people's court, the people's procuratorate to collect and retrieve evidence, the people's court, the people's procuratorate shall personally collect and retrieve. Lawyers apply to the people's court, the people's procuratorate to collect, retrieve evidence, not all to witnesses, victims or relevant units and individuals, were refused to the people's court, if the lawyer that certain evidence materials on the case of conviction and sentence plays a very important role, and easy to be lost, or lawyers to transfer, collection of the really difficult, can not personally go to the collection, retrieval, and direct Apply for the people's court, the people's procuratorate to collect, retrieve.

If your situation is more complex, this site also provides lawyers online consulting services, you are welcome to legal advice.