How Do I Become a Criminal Defense Attorney?
Criminal defense lawyers are lawyers whose main business is legal services in handling criminal cases. In criminal cases, criminal defense lawyers can professionally defend their agents in accordance with the relevant case information and other relevant evidence materials learned from the suspects, which can effectively protect the vital interests of the parties.
Criminal defense lawyer
- A criminal defense lawyer is one who has obtained the People's Republic of China
- The responsibility of a criminal defense lawyer is to accept the suspect,
- Criminal defense is generally divided into three stages, namely, the criminal investigation stage, the criminal review and prosecution stage, and the criminal trial (first instance, second instance) stage. The work content of lawyers is different in different stages of criminal proceedings.
- Attorney services during criminal investigation:
- 1. Find out from the investigating authorities about the suspect's charges;
- 2. Meeting with criminal suspects in custody to provide legal assistance to criminal suspects;
- 3. File complaints and complaints on behalf of the criminal suspects;
- 4.Proposed for the criminal suspect
- Criminal defense lawyers
- Generally require a bachelor degree or above in law related majors such as criminal law or criminal litigation. Passed the national unified judicial examination and obtained practice
- During the investigation stage, the public security organ, the people's procuratorate, and other statutory organs conducting investigations shall, after the first interrogation of the criminal suspect or the date of taking compulsory measures, the lawyer may accept Hired to provide legal advice to criminal suspects
- The purpose of establishing the role of "lawyer" in criminal law rules is to
- When a relative or friend is being arraigned, detained, arrested, prosecuted, or tried, how to choose a criminal defense lawyer to maximize the protection of their rights? It is necessary to hire a criminal lawyer at this time. However, what kind of criminal defense lawyer can you trust? How to judge the pros and cons of a criminal defense lawyer? This is a problem that confuses many people. Law is a highly specialized discipline that not only focuses on theory, but also emphasizes practicality. Due to the lack of relevant background knowledge, parties often seem to be at a loss when choosing criminal lawyers.
- Here is an individual's understanding from the perspective of a criminal defense lawyer:
- 1. The business direction of the target lawyer.
- The lawyer industry is also divided into specialties. With the acceleration of the legal process and the promulgation of a large number of laws and regulations, the breakdown of the lawyer industry is becoming more and more obvious. In the past, the lawyers who did everything in the past are no longer feasible. Really successful lawyers usually only focus on two or three, even in a legal field, especially in big cities such as Beijing and Shanghai. Therefore, when a client chooses a criminal defense lawyer, he must be clear. What is the expertise of the lawyer you plan to choose? Is criminal business his specialty? If, unfortunately, you find a traffic lawyer or intellectual property lawyer for criminal defense, the effect is worrying. vice versa. It's like asking a pediatrician to perform a heart surgery. Most lawyers claim to be able to do criminal defense, but being able to do so may not necessarily do well. For ordinary lawyers, in their lifetime, they may complete more than a dozen cases, up to dozens of criminal defenses, and professional defense lawyers. In terms of it, it can complete hundreds or even thousands. With different practice accumulations, there are often quite different case handling effects.
- 2. Practical experience of target lawyers.
- The practical experience of the target lawyer is also crucial. Law is a practical subject, and certain social experience and social practical experience are very necessary. When hiring a criminal defense lawyer, we should pay attention to its practical experience and see if it has handled a considerable number of cases. What is the effect? Generally speaking, for criminal defense work, it is necessary to handle a certain number of criminal cases. However, it is not to say that the older the lawyer, the better. There are also many old lawyers with rigid thinking, dogma, and an objective reality. Generally, when the business focuses on criminal aspects for about five or six years, it can be said that mature criminal lawyers .
- 3. The expression ability of the target lawyer
- Criminal defense lawyers should have good language skills. It can be said that meeting is a basic quality that a criminal lawyer should possess. A lawyer who is good at expressing, persuading others, and selling his arguments to others is a good litigator. It is difficult to imagine a clumsy person who can cope with the fierce battle in court . Therefore, good language skills are the qualities that criminal lawyers should possess. When choosing a lawyer, the client should pay attention to the lawyer's ability to express, and pay attention to whether the lawyer's language is organized? Is the idea clear? Can you catch the point? You must know that language expression is often an externalization of internal thinking. Strict logical thinking is the foundation and sharp language is the tool. The client can consider the lawyer's logical thinking ability through "listen more" to judge whether the lawyer's thinking is organized. This book is the most important, but it also needs to be considered. After all, a lawyer who can't speak fluently is hardly a good criminal defense lawyer.
- 4. Choose according to your economic affordability.
- Hiring a lawyer is a costly business, although compared to some large economic cases, the fees in criminal cases are not high, and can even be said to be low, but even so, for most working-class parties, Attorney's fees are also a considerable expense. At present, the "Beijing Lawyer Litigation Agency Service Fees Administrative Guiding Price Standard" criminal defense lawyer fees are collected separately according to different stages, which are specifically divided into: 1. Investigation stage, 2. Examination and prosecution 3. First instance stage. 4. Second trial stage 5. Retrial stage. According to the current regulations of Beijing, the maximum charge standard from the investigative stage to the first instance is 50,000 yuan, but some lawyers charge more than this. The client should understand that the level of the lawyer's fees is often related to the lawyer's practice experience, the effectiveness of the case, and the source of the case. Generally speaking, the more lawyers with richer practice experience, better case handling results and more cases, the higher their fees will be. But that's not to say that the higher the fee, the better the lawyer, and the better suited to your needs. What kind of lawyer to invite to handle a case should ultimately be considered in the light of his own financial capacity and the nature and characteristics of the case. For small cases with clear facts and qualitative non-controversy, there is no need to hire a lawyer for tens of thousands or tens of thousands of dollars. For cases that are difficult, complicated, qualitatively controversial, and have heavy sentencing, you should choose an experienced professional Lawyers act as defenders, and if you just want to save money at such a critical moment, it is likely to be wrong.
- If you can't afford a lawyer to defend because of poverty, it does not mean that you cannot get a lawyer's help.
- Our country has a special " legal aid system " to help those who cannot afford to hire a lawyer.
- According to the relevant provisions of the Criminal Procedure Law: If the defendant has not appointed a defender because of financial difficulties, the people's court may appoint a lawyer with legal aid obligations to defend it for free ;
- If the defendant is blind, deaf, mute or a minor and may be sentenced to death without a defender , the people's court must appoint a defense lawyer for it without compensation.