General criminal cases are divided into three different stages: public security organs are responsible for filing investigations, procuratorates are responsible for reviewing and prosecuting, and courts are responsible for trials. Of course, there are many overlapping rights among the three different organs of power, which is more complicated. But for the families of suspects who are not studying law, we often encounter several misunderstandings.
Myth 1: The most important thing in criminal cases is to get bail pending trial.
When many family members come to the law firm for consultation, they always ask, "Are people sure to bail out?" This is their initial criterion for measuring a lawyer.
I fully understand their eagerness to see their relatives, but in fact, bail pending trial is only an application link in the first stage of criminal cases. In fact, lawyers can't play a decisive role in obtaining bail pending trial in most cases. The Criminal Law and the Criminal Procedure Law have made very detailed provisions on the circumstances under which bail can be obtained pending trial. Therefore, some lawyers have boasted to their families. You can rest assured that you will be released on bail in this case. For family members who don't know anything, lawyers must be professional, and they also believe in lawyers in their hearts, so they are entrusted with heavy responsibilities. Of course, the final result is that some family members think that lawyers are powerful, and some family members think that lawyers are liars, because those who meet the conditions of bail pending trial will definitely be released on bail, and those who do not meet the conditions will definitely not be released on bail pending trial, but family members do not understand this truth and may have deep misunderstandings about the profession of lawyers.
In fact, when we meet the suspect's family, we will explain this clearly to them. We won't make any substantive judgment until we meet the suspect for the first time. Because the facts of the case are only known to the suspect himself, it is natural to judge whether the behavior, circumstances and estimated sentencing of the suspect in this case meet the legal conditions of bail pending trial. If we think that the application meets the legal conditions for obtaining a guarantor and the relevant authorities refuse to approve it, we can further put forward professional legal opinions for demonstration.
But in any case, getting a guarantor is only one of the links. In fact, there are many important links that lawyers can play in the whole criminal case procedure, such as resisting arrest, adjusting papers and marking papers, not prosecuting, appealing and accusing, excluding illegal evidence, cross-examination and so on. The foundation of all this is our professional legal work based on the judgment of the case after a detailed and in-depth understanding of the case.
So I suggest that when looking for a lawyer, the suspect's family should not rush to the hospital, but keep their eyes open. For those lawyers who are full of confidence and talk big, we must be vigilant and choose carefully.
Myth 2: The court stage is the most important, and it is not too late to wait until the court stage to find a lawyer.
The families of such suspects realize the importance of seeking a lawyer, but they are not clear about the criminal case procedure and the work that lawyers can do at different stages, which leads to their wrong judgment.
In my opinion, the court stage is very important, but the investigation stage and the prosecution stage are more important.
First of all, we strongly recommend that family members go to a lawyer as soon as they receive the notice of criminal detention. Most of the suspects were first-time offenders, so an ordinary person suddenly entered the detention center and confronted several well-dressed policemen in the cold interrogation room. How many people are not nervous? If you are nervous, you will say the wrong thing because you are nervous, you will be forced to admit something you shouldn't, and you will sign it easily in order to go out early. Many people are easily induced by the public security organs. So, can the family expect themselves to bear such pressure completely? The answer is no.
Then there are two advantages for lawyers to intervene in the interview at the first time. First, he can know the details of the case in detail at the first time, and inform the suspect of the relevant legal rights, give the suspect some kind reminders and advice, so that he can have a clear understanding of his situation and avoid being confused when he is interrogated in the future!
Second, stabilize the mood of the parties. Our appearance means that his family has not given up on him, but is trying to rush about for his constant ideas. It is very important that their spirit will be supported. Only when a criminal suspect does not give up on himself can he better cooperate with lawyers and strive for the greatest rights and interests.
If after the meeting, we think that the criminal suspect's behavior does not constitute a criminal case or the circumstances are obviously minor, we will apply to the procuratorate for disapproval of the arrest within the maximum period of 37 days stipulated by law. If there is no lawyer at this stage, then this series of rights and interests cannot be obtained, so the importance of the investigation stage is self-evident.
At the stage of examination and prosecution by the procuratorate, lawyers have the right to adjust the examination papers, which is the best verification of lawyers' written business ability. The importance of the case file should be needless to say. The evidence that all the suspects are guilty in the file is clear at a glance. After careful study and analysis, lawyers will find out logical errors, evidence loopholes, illegal procedures and other issues, judge the trend of the case according to the specific situation, and promptly put forward legal opinions to the procuratorate such as not prosecuting and excluding illegal evidence.
In many complicated cases we have come into contact with, some files have thousands of pages. If you find a lawyer at the court stage, you don't consider missing some rights, and the time for marking papers is very tight. The final result can be imagined.
So, there is only one answer. Once a family member is detained, it is the right choice to entrust a lawyer as soon as possible.
Myth 3: You must find a famous lawyer to do it well.
When making an appointment for consultation, many family members will ask if there are any old lawyers who have practiced for a long time, or if they have won any awards.
In fact, what kind of lawyer to find is the choice of family members, which is understandable, but I still want to say part of it.
First of all, fame does not necessarily mean ability. Although the profession of lawyer is highly technical, as long as interests are involved, there will be publicity. Some lawyers are also loyal to this principle and spend a lot of money in exchange for various trophies, honors and titles. In order to improve social status, the actual level of handling cases is far from the fees.
Lawyers with long service years also have some problems. Some people quit halfway, but they didn't practice for long when they were old. Others have been practicing for a long time, but their professional level is not high, or their handling of cases is too complicated, which leads to their inexperience in a certain direction.
In fact, we can examine the level of a lawyer from two aspects.
First, get to know each other through face-to-face communication.
Generally, a responsible lawyer will not make a promise by exaggerating Haikou. Moreover, the lawyer in charge will generally see that the work prepared by the client is also sufficient, and there will be ppt exhibitions or other types of exhibitions. Choosing a lawyer's professionalism is on the one hand, and being serious and responsible is also very important. If the lawyer doesn't pay attention to your case, it's no use being a professional.
Second, through the case represented by this lawyer.
There is a direct standard to measure the level of a lawyer, that is, to see how many cases he has handled. What was the outcome of the case?
If we can control these two points, there is a high probability that we will not step on the thunder.
Finally, I hope the above answers will help you, and I hope all those who need help can find suitable quality lawyers.