One, what is a criminal case? What are its characteristics?

Two, the family can see the detained relatives?

Three, what can (and should) hired a criminal lawyer, who can entrust a lawyer (family, friends)

The average cycle four, criminal cases have how long? What kind of stage?

Five, what is the criminal law? The choice of the criminal law should pay attention to what?

Six, how to find a lawyer on the Internet?

Seven, a criminal case can ask several lawyers? Several of the accused accomplice can together to get a lawyer?

Eight, the lawyer can not satisfied with their jobs?

Nine, some problems about legal advice.

Ten, some problems about legal fees.

 

Since the beginning of the lawyer, alone or with other professional agency cooperation criminal defense attorney many foreign clients in criminal cases. In the process with the client communication, found them on how to find a suitable criminal lawyers in Shanghai are no clue. Therefore, I am writing this article, hope to help a friend to ask a lawyer. Considering that most parties do not have the knowledge, professional legal so, try to avoid the use of legal terminology is obscure, difficult to express, for legal concept also not 100 percent accurate, concise, and wish to facilitate the parties and their relatives and friends to understand the vernacular.

 

Come to Shanghai lawyer, mostly due to relatives and friends, because of work, learning, travel and other factors make it in Shanghai, was detained (criminal detention, arrest). The family received the news of criminal detention, arrest or received notice of notice, hurriedly come over, that anxiety and helplessness, place the hope to find a good lawyer in Shanghai, in order to help maximize the detained relatives. However, the majority of people in the criminal law and the lawyer industry and don't have much contact, do not understand the relevant situation and rules. Therefore, I put some often confused the issue to be summed up as follows.

 

One, what is a criminal case, what are its characteristics?

 

Say simply, criminal cases, is caused by the crime behavior of human cases. To the party concerned, it is obviously different from other cases, severe in punishment. If the act constitutes a crime, then most likely to face the consequences of punishment is in prison. Serious, even will be deprived of life sentenced to death. Other types of cases is likely to settle the financial compensation or economic punishment.

 

(Chen Xiliang counsel: a need to remind the parties is:The vast majority of criminal cases is not through between the victim and the offender reconciliation (commonly known as "private") to settle. No matter how much money you compensate the victim, still can not escape from criminal punishment. For example: in the case of rape, regardless of whether to rape victim compensation, as long as the judicial departments have been placed on file, and irrefutable evidence. He will be in prison. The case only a few special reasons,For example: due to the neighborhood relations with light injury case, the current law retains the parties through reconciliation, to reach a compensation agreement to end the case.)

 

Two, the family can see the detained relatives?

 

Once jailed for the crime, then in the open court trial, relatives and friends is unable to meet his. That is to say, want to see the detained relatives, until the court hearing, to hear and see. Prior to this, if you want to understand his situation, must through the lawyer to generation for the interview.

 

(Chen Xiliang counsel: for some special cases, such as the parties involved in the privacy of rape, cases involving state secrets, and cases involving crimes committed by minors court is not a public hearing, not permitted, that is to say, this kind of case even to the court trial may not see detainees, must wait until the ruling family to meet him.)

 

Three, what can (and should) a lawyer? Who can please lawyers for the jailed relatives?

 

Conditional family, know that as long as the relatives have been held for the loss of personal freedom, he should have hired a lawyer for him, as soon as possible to hire a lawyer, asked the lawyer to the meeting with the parties on the one hand, can let the detainees outside relatives already in his run things. On the other hand, lawyers can provide legal counseling and psychological comfort, help him to objectively analyze the possible direction of cases, if the lawyer after the meeting to find that there are other illegal torture to extract confessions of detained people, can also to sue, appeal.

 

According to the law of our country, the criminal suspect relatives, friends are able to hire a lawyer for him.

 

(hint: Chen Xiliang lawyer in criminal cases as soon as possible early, lawyers and detainees meeting is very important, in some case, public security (attorney), the investigation organ in cracking process, not standardized, there exist inducement, confession behavior. While some psychological quality of poor people, in contact with the outside world cut off, after a few days of the trial turns, tend to become very fragile, and some even completely according to the interrogators thought to confess, regardless of Is it right? For their own, in order to avoid the suffering, to recognize it, once the material form, sign it later, easily lead to later in the trial court oneself become very passive. The lawyer as soon as possible to meet the parties may give him some rely on the psychological, so chaotic discretion, Too Late To Regret.

In practice, but also encountered such a situation, some police and the case to be transferred to the procuratorate, the court said the family member to ask a lawyer, this is wrong, the parties should ignore, they say, some because not familiar with the business, some are psychological rejection lawyer intervene, afraid of lawyers involved in the no longer good control the parties, or lawyer guiding evasion of responsibility.  The parties should understand: Nabber and caught people tend to be somewhat contradictory, what should listen to? What shouldn't listen? To be sure of yourself.)

 

The average cycle four, criminal cases have how long? What kind of stage?

 

A criminal case, the suspect detained date, to the court of First Instance judgement, must go through three stages. Under normal circumstances the period is six months or so. Thereafter, if the court refuses to accept, may also have the appeal, the retrial procedure. In view of death and the death penalty review procedure. Here, three former focus on program. Are:

 

The investigation stage (the stage); the people were detained on criminal charges transferred to the procuratorate prosecution department. Time is generally three months or so.

 

Examination prosecution stage (procuratorate stage): from case to case to the court prosecution department to the middle of this section. Time is usually one and a half months.

 

The trial stage: from the case to the court to make a judgment. Time is generally one and a half months.

 

Five,            What is the criminal law? The choice of the criminal law should pay attention to what?

 

Simply put, a criminal lawyer is specialized in handling criminal cases, or to handle criminal cases based lawyer, also known as the "lawyer" "" lawyer "or" criminal defense attorney".

 

In order to help the parties to choose the appropriate criminal lawyer, I offer the following suggestions for reference, party:

 

1,Not recommended to choose the scope of business more than three aspects of the law.

 

At present, in Beijing, Shanghai and other big city, the legal profession has become increasingly fine division. Is not a bar can be used for all types of legal issues of the times, the legal services more and more professional, this is the inevitable trend of development, at the same time, the basic guarantee for professional and quality of service. The lawyer service, subdivision, divided into: criminal lawyers, lawyers, lawyers, civil marriage patent attorneys, real estate construction lawyers, lawyers, insurance company lawyer, lawyers, financial law and other dozens of classification. The relevant legal provisions multitude, therefore, choose a lawyer, first and foremost, professional direction must be clear lawyer.

 

One is a "criminal law" has been involved in more than 400 accusation, to the relevant judicial interpretation of thousands of counting, regulations. To be able to learn through the use of live is not easy. Foreign parties are often the first to Shanghai, do not know the truth, this time, to find a suitable lawyer, firmly grasp this one, is crucial. WhileThe lawyer business direction more than three do not "special".

There are many lawyers merely the business as to do business, the business is business, business is business of divorce, the real estate business is still business, so refuse nobody, which greatly reduces the quality of service. Is not desirable.

 

2,Treat to show you Gaosheng v. rate, successful lawyer cautious commitment.

 

Some lawyers in order to pull the case, like to boast their own parties win rate, even promised to win the lawsuit, which the parties do not blind, not sure is full of all kinds of action variables, in addition to the efforts of the bar, but also to the judges, prosecutors and other factors, a lawyer has no access to the case file, details case, hurry to make any statement, to cater to the parties, lawyers often are not responsible for this. As such things are true, integrity, responsible, dependable lawyer, spoke particularly cautious, instead talk, blindly to the parties concerned, and really took over after the case are rarely able to do.

 

3,Not recommended to choose the Institute staff lawyer

 

If the detention center and the agency staff, seemingly enthusiastically recommend lawyers for the parties. Not recommended for parties to choose, this seemingly enthusiastic behavior, in fact, is prohibited by the judicial organ internal discipline. Related personnel's risk, "recommended" illegal to your lawyer, often because there are some interest into. Even recommended to the lawyer charges "rebate". The "Introduction" you are especially worried about, because you pay the lawyer ferry is likely20%--50%As a "fee" us away, really spend on your case, maybe not so much. Especially the legal broker introduced of the attorney general quality is worrying.

 

 

4,Selection of female lawyers in criminal cases shall be cautious.

 

The lawyer industry generally believe that women are not suitable for criminal cases. This is not discrimination, in fact female lawyer is more advantages in other areas of the law, such as the marriage law, company law. But in the criminal field is different, in criminal cases, lawyers face is as national public power on behalf of the Department of justice, confrontational, pressure, these not women. Since I1996Years engaged in criminal law so far, frankly, more than ten years, never met, never heard of, to good at criminal business famous female lawyers, most of the female lawyers in criminal cases belong to "and doing". Of course, I also can't say that I did not encounter will not exist, perhaps your good luck.

 

5,Should choose a law firm or lawyers.

 

A law firm especially famous in one area, his own truth. However, in the final analysis, the handling of a case, is a lawyer of specific, not a law firm, so, select a lawyer, choice is more important than firms. To avoid a situation is: and you talk about the case agent is a lawyer, and later for you to handle a case, is another lawyer. This often means that you pay higher fees, but get lower service return. Also after may influence the effect of handling the case. Therefore, the party must remember, let your chosen lawyer to personally handle the case is important, even more appropriate some cost value.

  

6, The lawyer's age is important?

 

Special needs is correct, can represent the lawyers experience, not a lawyer's age, but the lawyer practicing experience or practice time. (Note: the so-called professional experience is engaged in criminal business, a lawyer, although only30Years old, but if he22Years of graduation specializes in criminal business, so he has8Criminal experience, can independently. And another, although already40Years old, but, if he is left38Age began, then still lack of experience.) In addition, in general, if not particularly confident, especially to understand each other, do not recommend the parties find age big lawyer, age is too large, often means that the rigidity of thinking. Don't look for "old Chinese" way to find a lawyer, had better choose some be in the full vigour of life for good.

 

7Lawyer, can also test.

 

When you want to choose a criminal lawyer, you can according to their own cases involving crimes sentencing, to test the lawyer. You can try consulting his family: "guilty of a crime, sentencing in general about how long?" Have a look whether he can answer. For example, you can say, because family is the crime of illegal business operation is caught, the amount is10Million, then the sentence may be how long? (of course, this requires you to advance an answer on the web search. Because the criminal penalty is death. For some crimes often recurrent, experienced lawyers should be able to answer you immediately.)

 

Six, how to choose the lawyers on the web?

 

At present, as a famous lawyer, can find some relevant information in the network, many foreign parties in Shanghai due to lack of connections, select online to find a lawyer, in the Internet to find a lawyer is convenient and fast, but there are several problems to remind:

 

1Don't be too superstitious, some lawyers exaggerated propaganda on the Internet

 

It should be said, proper self presentation, for clients to understand his expertise, experience is helpful. However, some lawyers speak in superlatives, obviously in self speculation, should be vigilant. For example: "hundreds of innocent cases handled, win rate exceeds90%"Criminal procedure, a little understanding of the person all know, this is fundamentally impossible. For example: "success will charge, losing a refund" knowledgeable all know the criminal case is not risk agency. This is all parties. For instance "a lawyer", "gold medal lawyer XYZ" these are blow one's own horn, exaggerated or false. The parties should know.

 

(hint: the real practical work, usually very low-key, employed more than ten years can be said to "senior counsel", the level is high and there is a certain social influence can be referred to as "well known lawyer". For what the major? What is a good effect? You can tell the specific cases. These are the basis. And with "counsel" lawyers "gold medal", is ture, curry favour by claptrap, boost oneself)

 

2The business scope, more than three of the proposal to give up.

 

Enter the website of "home", find "scope of business" or "business", if the professional direction of more than three aspects do not choose.

The scope of business more than three, it is not professional. The reason has been described above.

This step is very simple, is also critical. Careful, from lawyers website can see his business direction.

 

3The site, in several platoon is not critical.

 

Some people think that the website ranking will be lawyers, law firms are better. In fact, this is the wrong concept, the rank of the website can be through the network technology and the pay increase, this and the lawyer is good or bad, no relationship. Just explain this website to do good, or advertising fee paid more.

  

4, teach you a trick, distinguish the true from the false criminal lawyer.

 

If you have a little patience, you'll find out, when you are in Baidu search "Shanghai criminal law", some lawyers, in the search results, they claimed to be the professional criminal lawyer, you search "contract" lawyer "marriage law" "economic law" and "legal consultant" company law "" "property law" and so on. With a lawyer will be transformed, claiming to be a professional contract law, marriage law professional, professional real estate lawyers.Or the company law.

 

(hint: the fundamental reason is that, these lawyers, neither do special criminal professional, also do not specialize in case of marriage, or property cases, but what is the case, in order to meet the case, met the need to find a criminal lawyer client, since called criminal lawyer. When we try to divorce, marriage is claimed to be a lawyer.The parties to see search results for gospel truth, but I don't know, search results can be controlled through technical means, Fu Feilai.

So, if you want to find a professional lawyer, so suggest you search several times, if there are multiple search results, suggest you out.This situation is very common, at least for search results7%.)

 

5, careful examination of website content, see if you need professional, to see if there is no lawyer named case handling experience, his articles, case etc.. These contents are generally arranged in "the column" such a place, you can look at, read carefully, I believe that there is help for understanding the lawyer.

 

(note, many websites are excerpts from other places, should pay attention to whether the lawyers signature, this reflected from one aspect, the lawyer in this professional intentions, the professional experience. In addition, the decision to hire a former lawyer, and agreed in the office interview, to look at, is necessary.)

 

 

 

 

Seven, a defendant in a criminal case can ask several lawyers? A defendant in a criminal case can jointly hire a lawyer to defend them?

 

In accordance with the law, each a defendant in a criminal case, can be hired two lawyers. However, a lawyer can defend a defendant, that is to say, several defendants in the same case, not to please a lawyer, to hire their own lawyers.

 

 

 

Eight, the lawyers are not satisfied with how to do?

 

If you have requested a lawyer, however, is not assured of his work, ability, can ask a. The two lawyers to agency case.

You can quit the lawyer. To re employ other lawyers. As the original lawyers don't have the lawyers agree, just need to write a dismissal notice to the lawyer can. However, in this case, before payment of legal fees, usually is not holding back.

 

(hint: Chen Xiliang lawyer lawyer is the rights of the parties, and if you already have a lawyer, however, want to please a bit, do not need to get in front of the lawyer agree, especially not too happy about the previous work, want to please a please, want to change don't worry, interpersonal relationship factors. To run the case in the first place to consider.)

 

 

Nine, some problems about legal advice.

 

1,Do you charge for legal advice?

 

At present, Shanghai formal law firm legal fees, most every hour on the hour300-1000(for the law between different). However, there are few lawyers because of business problems, therefore, to receive very low fees or simply free consultation to attract the source. Advise the parties do not greedy small cheap, as the saying goes, "there is no free lunch", be neither relative nor friend when a lawyer, took out their precious time for your free consultation, you have to worry about, his purpose is not necessarily the obligation to help you solve legal problems, it may not tell you without reservation solution. Perhaps because of lack of source, there is no chance to have a look, put your question as a case, then another charge. In so doing, the worst consequence, had some problems can be resolved through consultation clearly. But because it does not become the case, this provides free advice for your lawyer will not charge,In this way, the process of free advice became the lawyer lawsuit process induced by the parties, is very bad, it damages the interests of the parties, on the other hand, destroy lawyers reputation.

 

 

 

2,Consult a lawyer should pay attention to what?

 

Consult a lawyer, especially the key point, is not to hide from my lawyer, the case, some clients out of shyness, embarrassment, or a variety of other reasons, is not willing to put all the case told lawyers, only that part. It is often the result of that consultation itself becomes meaningless. The parties understand that, there are some details that you may be of no great importance, however, careful lawyers often can find ideas from. Once you choose to hide the lawyer, it may also choose to kill hope.

 

 

 

In addition, in order to save the cost of parties in consultation, consult a lawyer before, can put the question of Science an outline, such advice will be faster, can save the consulting fees.

 

 

3,What time to consult a lawyer more appropriate?

 

To realize the legal risk, you should consult with a lawyer, and the sooner the better, consulting. If the file or the former obtain legal advice, to avoid legal risk is very helpful.

 

 

Ten, the lawyer fee issue.

 

(a), the number of criminal cases is the official price guide?

 

In accordance with theShanghai city government guidance standards of lawyers' fees (2009Years7Month1Date of implementation),The lawyer charge is divided into two types:

 

1,Timing and charging.

 

In criminal cases, timing and charging, the lowest per hour200Yuan, the highest per hour3000Element.

   

2,Piecework fees.

 

Piecework fees from the investigation stage to the first stage is the highest total5Million yuan,

The second case is alone3Million yuan.

However, if the agent case also involves two or more charges, can charge according to the crimes or the crime respectively. (for example: also suspected of corruption and bribery two charges, charges the highest can follow10To collect, also suspected of corruption, bribery, the crime of huge unidentified property can follow three15To charge, and so on),

Civil action part of supplementary civil action in criminal cases, civil cases in accordance with the standard charge.

In addition, handle cases according to industry rules and some travel.

 

Judging from the current situation, in addition to some entry-level novice, almost no attorney with the lowest standard charges.

  3In addition, according to the guide, "Shanghai city government lawyers service charge standards ("2009Years) regulations, for "important, difficult, complex litigation by the law firm and the client agreement, can not higher than the prescribed standards5Times determined in consultation fees." That is to say, the important, difficult, complex criminal cases, consensus, charging up to25Million.

     

(Chen Xiliang counsel: here is the basic rules, a brief overview of charge for the parties, it is difficult to fully understand, so, under normal circumstances, the parties choose piecework fees proposal, ex ante and lawyers to talk about a good price, so it is easy to control the cost of litigation)

 

(two) fees why you?

 

For the majority of working-class speaking, a lawyer or the more expensive. The lawyer fees are expensive, for a variety of reasons, one is because the firm cost (office rent, office equipment, communication costs, taxes and so on) are deducted from the edge here, this is not a small expenditure, only office rent a, many firms spending every year on millions of. Usually, you pay the lawyer fees, about30%-50%As the cost is firm put off. The rest is just the law of labor income.

 

Although the lawyer Fei Gui, however, I still do not advise the parties please charge too low attorney's case, because, the fees are too low, often because the lawyer is a novice, experience, they rarely, can only rely on lower fee to receive case.

Or is itself ability. In the profession of lawyer, cheap concept does not apply.

 

(three) what time to pay the lawyer fees? The lawyer also take what documents? How do the procedures?

Lawyer fees are usually hire lawyers in the beginning should pay.

Retained the best lawyer take id card.

Hire formalities are simple, all lawyers are ready to party just read the text, the agreement after sign problem. Other do not have to worry about.