1. Can lawyers defend immediate family members?
Lawyers can defend immediate family members. After the criminal suspect is detained in criminal detention, the lawyer entrusted by the party concerned or close relatives may meet in the detention center according to law.
According to Article 33 of the Criminal Procedure Law, a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, what is the charging standard for criminal defense lawyers?
The charging standards of criminal defense lawyers vary from place to place. In the three stages of investigation, examination, prosecution and trial, fees can be collected by stages or at one time. Specifically, you can negotiate with a lawyer and fluctuate at the prescribed fee. Take the charging standard in Shanghai as an example:
1, piece rate
(1) Providing legal advice, acting as an agent to appeal, accuse and apply for bail pending trial in the investigation stage: 1500- 10000 yuan for one piece;
(2) Review and prosecution stage: 2000- 10000 yuan, one piece;
(3) First trial stage: 3000-30000 yuan, one piece.
Those who represent criminal cases of private prosecution or act as victims' agents shall be charged as appropriate with reference to the above standards.
2. Time cost
Agents in criminal, civil and administrative litigation cases and state compensation cases, as well as agents in various litigation cases, charge 200-3000 yuan per hour.
3. Description of expenses
(1) If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they can be prosecuted according to the charges or criminal facts involved.
(2) The civil litigation part of criminal incidental civil litigation cases shall be charged according to the standard of civil litigation cases.
(3) Acting for all kinds of litigation cases, and charging according to the charging standard of the first trial stage.
(4) The charging standard for major, difficult and complicated litigation cases can be determined by the law firm and the client through consultation within 5 times of the prescribed standard. The identification standards and related measures for major, difficult and complicated cases shall be formulated separately by the Municipal Lawyers Association and reported to the municipal price department and the municipal judicial administrative department for the record.
(5) Unless otherwise specified, the above-mentioned charging standards refer to the charging standards in the first instance stage of litigation cases. If a case is independently represented in the second instance, death penalty review, retrial and execution, the charging standard at the first instance stage shall be implemented. If it represents the previous stage, the fee will be halved from the latter stage.
To sum up, no matter what the relationship between criminal suspects is, lawyers can defend as defenders. As long as the professional ethics are implemented in accordance with the regulations, the suggestions given are acceptable. Therefore, when dealing with them, we should try our best to find legal evidence to defend our relatives, thus reducing the criminal law of the parties.