Students first came to America unfamiliar, not to America social and legal understanding, it is even more necessary to remind you Caution. The fact you need to pay attention to, not because they do not know how to American law on people in trouble. The following article from the Chinese Consulate General in New York Chinese.

Crash, not easily admit

Greatly small accident happened in almost every day, the accident caused more or less property damage and casualties, there were 1000000 traffic accidents cases filed court each year. Once an accident, the parties how to do? The following is the lawyer's advice:

First, do not easily private settlement. If a car hit you, the driver said, don't alarm, I give you 500 dollars, let's private settlement. At this time, if you are injured, the law must report to the police. Even if the wound is very light, also want to alarm, not necessarily at the scene, after the alarm.

Second, in any case have to do medical examination. An accident happened, people tend to be still suffering from the shock state, some of the injured were not immediately apparent, including head, neck injury, may then display. Therefore, don't talk to the police, okay. If you say nothing, the police may be in the report wrote you not hurt, is bad for you.

Case: a man had an accident, a bruise on the arm, he felt nothing, but a month later, he found his arm move, hastened to the lawyers, but the lawyer did not want to take the case, because the insurance company Nive out of ten will not claim, the insurance company will say, gone for a month who knows, you Is it right? Fight anyone injured? How to prove your arm cannot move is accident caused?

The lawyer's advice: New York has "no fault" (Nofault) insurance, regardless of who is right and who is wrong, no matter what you Is it right? Driver, you are eligible for a maximum of not more than 20000 5000 yuan of insurance, including medical expenses and lost wages.

Third, after the car accident, carefully to every word you say. Remember, never say "is my fault" (Never say it is my fault). The police usually ask crash related personnel: "what happened?" The police asked for facts, not let your conclusion. So, you don't say "sorry", don't say "is my fault". As the saying goes, need a car two car. There are most likely fault in you, but the other party may also have been at fault, whether you wrong 90% or 10%, you don't make mistakes all on himself.

Fourth, to save all the evidence. Preservation of evidence for your future litigation benefit. If the witness has kindly leave you telephone, to get down, the witness told the police. As far as possible to get the other drivers more information, asked the driver's name, address, company name. If you have a mobile phone body, photographed the scene photos with mobile phone, it will be useful in the future.

Fifth, after being in an accident, don't tell anyone about the details of the accident happened, in addition to your lawyer. You may get a few phone calls, including each other's Motors Insurance Corporation, call or your own insurance company phone, the other party may attitude is very good, very beautiful, but in any case, don't tell them about the accident, because you may be in the imperceptibly fell into the trap.

Sixth, do not sign any agreement with the insurance company, unless your lawyer present. Don't be penny wise and pound foolish, because you can get compensation may be far more than you think.

Case: Mr. Zhao's car was hit by a car UPS trucks, small abrasion, his shoulders hurt a little, but he thought it was a small wound, no matter, so with the UPS settlement, the other lost 3800 yuan, than the car money a lot, he think it is very cost-effective. But 3 months later, he found that his shoulder and foot was badly injured, the doctor says surgery, he this just to lawyer consultation, the lawyer told him, his case was 100000.

Seventh, do not sign any agreement with the other driver. Other vehicles may rub you, scrape a little paint, at this time, the other drivers may say, give you 150 yuan car, small. Of course you can take money to fix the car, but don't sign any agreement.

Eighth, if possible, to buy the "no insurance" or "low volume" insurance (UM / UIM). New York state owner must purchase of not less than 25000 yuan of insurance. The lawyer proposed to buy UM (or UIM), when you hit the car without insurance, or insurance is very low, you can get the compensation. If you are married, you can also buy "wife insurance". When two couples at the same time in the car, one car accident, the injured spouse can will drive the spouse of the insurance company, obtain compensation. Before the New York state once the cancellation of the law, the reason is to prevent fraud, now returned to the law.

Ninth, MVAIC (called a motor vehicle accident compensation fund). If you hit the driver without insurance, or run away, and no car to your home, you hurt can apply for MVAIC.

Tenth, if you fight with people, the car will likely be used as a weapon. Suppose you and the other men fighting in the street, the other jumped in the car, the car coming, you hit the. It is not an accident? The key lies in: each other Is it right? Deliberately automobile as a weapon to hurt you. At this time, if you said to the policeman, the other was deliberately driving hit you, then you probably can only get the victim compensation, but not the traffic accident compensation, because the car is not intentionally hurt accident.

Eleventh, very important injured place. In addition to the accident, people walk may hurt or injury, robbery, if happened in the street, may not be able to sue for compensation, but if you were robbed in the parking lot, or in a building robbed injured, you can tell the property landlord does not provide safety facilities.

Twelfth, if sue the government, act quickly. You may be fighting the car, or by post office vehicle hit, then you take the object of civil litigation claims that the government. The government as the defendant's lawsuit, the effective time is very short, you must be in 30 days or 90 days to issue a subpoena or lawsuit, so prompt in action.

 

Offend criminal lawsuit, circumspect response

You may be a highly educated, think of a good law-abiding citizens, but you may imperceptibly into the criminal lawsuit; for example, to the store to buy things I forgot to pay; like the laboratory a stationery, want to also did not want to put it in a bag to take home with; girlfriend dumped, went to his dormitory to theory, say angry words...... These seem to be of no great importance thing, might give you a big trouble beat all, even accused of a criminal offence.

If you are unfortunate enough to involve the criminal case, should pay attention to what issues? The following is a lawyer suggested: first, the police did not listen to explain, just arrest. Chinese like explain to the police, in USA this is of no use. Suppose your neighbor heard your family quarrel loudly, think of family violence, and to report to the police, the police came, first will investigate whether anyone was injured, there is no blood. At this time Chinese has a habit, eager to explain to the police, this is of no use, sometimes to make things more complicated, because American police regardless of who is right, they just arrest, not listening parties explain, to explain to the judge to have.

Second, be careful of your confession to the police. The police to take you to the police station for questioning, may let you write down what had happened, then your signature, usually Chinese looked almost signed, this is very adverse to you.

In movies and on TV, often have such a plot: after that, the police caught people said, you have the right to remain silent. But in fact the police rarely do. Case: a Long Island China students made bad friends, my friend stole someone else's car, and then with the Chinese students to go for a ride, had an accident on his way, the stolen car crashed into a tree, a friend drove to die on the spot, the Chinese students flew out the window, fell into a coma, but saved their lives.

After the police questioning, the China student said: "it is my fault." The police put these words into the report, the results of the students at a disadvantage. Agent of the students Huang Xiaofu lawyers argued in court that, when the students out, in the confusion of the situations that words could not as the accused guilty evidence. Prosecutors later agreed to a settlement, provided that the students pay 10000 yuan, while the stolen car is worth 2000 yuan.

The lawyer advised: were caught by the police should keep silent, the more mistakes, once a confession to confession; don't defend yourself, because you are not a lawyer, is easy to fall into the trap of law "".

Third, the police to arrest you, do not resist. You may think that you didn't do anything illegal, but the police to catch you, you feel dissatisfied with the police, argue, even refused to arrest, you will sin a: interfering police law enforcement.

Case: a Chinese to the supermarket, get the shelf a band aid, paste it into your hand, then the clerk came, the Chinese think it is Big deal, said: "is not a band aid on it, have you got." The so call 911, tell the Chinese steal. The police arrived, the party picked up, the other against, with the police scuffled, results are coupled with a crime: the police.

The police arrest, there is another way, not necessarily to catch a person into your home, in order to reduce the risk, the police will tell you "to go to the police station", this time you have to prepare, because 50% is probably the police to catch you, you'd better find a lawyer.

Fourth, the pros and cons of government lawyers. If you are involved in criminal lawsuit, but can't afford a lawyer, law you may apply to the court for a public lawyer to defend you.

The lawyer has its advantages and disadvantages, the advantage is that you can save legal fees, but the lawyer on the case, a court may have more than 20 cases of hand, sometimes don't even know your name. On the other hand some sent lawyers don't understand China language, for example, a defendant in the Cantonese, but the government lawyers said he speak Mandarin in court, the results stultify oneself.

Fifth, looking for lawyers and prosecutors. In USA, after the defendants in criminal case caught usually release on bail, at this time the parties can find a lawyer to negotiate settlement, most of the cases, if you don't know the law, you will not know where the bottom line of negotiations.

Some customers asked the lawyer: "you how much money can solve this problem?" In fact, the lawyer may tell you the chance of winning the case much, but cannot bet will win the lawsuit, if lawyers take an oath devoutly that winning the lawsuit for you, but you have to be careful.

After the party was arrested, should find lawyers and prosecutors. The federal court cases, many lawyers are not willing to take the case, because the federal resources, FBI, expert, if you cannot afford a good deal.

In America you less resources would suffer, there is a saying: "just be a cost." If the break in in full fury, what would you do?

First of all, don't talk much, and your lawyer about your rights; secondly, not guilty; again, don't run away, there are parties to bail out and ran away, they are also students, they fear their reputation is affected, but wanted once issued, the national networking, at the airport you a clearance will be caught, so don't go bad, the biggest blow to the family.

Sixth, in the America, "not" is not "". The students involved in the case. A lot of feelings.

Case: a doctor ask a girl to have sex, he was charged with a criminal offence, in prison. The prison phone is monitored, the boy to call someone to kill the witness, the boys in addition to violent crime, has also been accused of attempting to murder, he later Dutch act.

The lawyers advice: in USA, a "not" is "not", whether it is your wife or girlfriend, as long as she said "no", you even can't touch.

 

Seventh, no lawyers don't confess. Once accused of crime, not guilty.

Case: a New Jersey restaurant because too many people exceed the standard, the boss is a ticket, he thought it only, pay the fine on the right, then ran to the guilty, but was fined 500 yuan, also sentenced to 90 days in jail. The restaurant owner was stupid, he said: "my wife? She will give birth to a kid for tomorrow!" The second day he in prison, his wife gave birth to a child in their hospital, but he is not present, not to share the moment of joy.

Then hired a lawyer to the confession of the defendant without a lawyer present grounds, proposed to abolish the defendant's plea agreement to the court, judge allowed the release of results obtained, the party got 10 days in prison.

 

With the difficulties, what China consulate can you help?

Chinese citizens, both overseas Chinese residing abroad, or temporary the traveller abroad; both the mainland residents, or Hong Kong and Macao compatriots, can get the consular protection Chinese government.

Consular officers may be nine things for you to do include: lawyers, doctors recommend, translation; providing consultation and necessary assistance; request to visit; in case of special assistance to relatives in the country informed; and domestic relatives, solve the cost; assist tracing; repair, change, travel documents issued to return; documents; notarization, authentication, the marriage registration in accordance with the law.

Following is the consular protection Abstract: how to deal with when you are in the overseas traffic, industrial accidents,?

You should report to the local police immediately or notice to the employer, and inform your relatives or Chinese embassies, consulates. You can request consular officials urged the authorities to punish the perpetrators of the host country, or to help you through the legal way or to the insurance company (if you have insurance) for compensation.

When you violated criminal in overseas (including sexual harassment), how to do?

You should immediately report to the local police, and ask for a copy of the police report. You should also and the lawyer or doctor (for medical treatment), also can reflect the situation to the local embassy, Consulate China. Consular officials can offer you the following help: arrange appropriate personnel (such as gender requirements) to listen to your suffering and is committed to protecting your privacy; urged the police solve the case as soon as possible; to understand the development of the case; provide lawyers and translation list to you; recommend appropriate hospital; replacement of lost or damaged travel documents; assist your contact with family, friends and employers seek local community assistance. However, the consular officer can not investigate the case, can't represent you in court, not as translation, also not for you to pay legal fees, medical fees and other related expenses.

When you live in detention or imprisonment, how to do?

You have the right to request to see Chinese, consular consular officials. The consular officer will according to your request to visit, and to protect your legal rights, such as the humane treatment, fair treatment. Consular officials also can help you get in touch with friends and relatives, providing local list of lawyers to you. However, consular officers shall not interfere with the local legal procedures, not to give you a lawsuit.