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Since it is between neighbors, if you look up and don't look down, the cause is not you, you can advocate legitimate defense!
In view of the fact that causing minor injuries to the other party is already intentional injury, if the other two come to hit your father, your father is only justified defense, and if he does not hit the other party, he will be beaten, then at most one defense is excessive.
However, according to what you said, it has already gone to the procuratorate, so it is recommended that you hire a lawyer to solve the problem. If you don't have much legal fees, at least let your father come out early, so that you don't have to suffer in it.
However, I still suggest that you can reconcile with the other party or go to the court to mediate, first take the initiative to compensate the other party, get the other party's understanding, and finally judge a suspended sentence at the trial, and then you can come back.
Smooth resolution!!
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It may involve the crime of intentional injury due to the different economic strength of each place, so the lawyer's ** fee is different, but the standard of each place is uniform, and you can go to the judicial organ to consult whether to hire a lawyer is completely your own choice.
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If the financial situation is okay, it is best to appoint a lawyer.
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According to the relevant laws and regulations, since the lawyer's fee can be determined by the parties through negotiation, the specific lawyer's fee shall be determined by the parties through negotiation according to the actual situation.
Lawyer's fee refers to the remuneration that a lawyer should receive for the client's legal affairs.
Attorney fees have the following characteristics:
1. Lawyers shall uniformly collect fees in the name of their law firm, and must not privately collect lawyers' fees.
II. Attorney's fees are different from case-handling expenses, and the necessary expenses incurred by lawyers to handle entrusted affairs must still be borne by the client. For example, transportation expenses, accommodation fees, forensic fees, etc.
3. Attorney's fees are different from litigation fees, attorney's fees are civil expenses arising from the entrustment relationship, and litigation fees are mandatory fees based on filing a lawsuit with the court. Attorney fees are negotiable, and litigation costs are non-negotiable.
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The approximate amount of money required to hire a lawyer in a criminal case depends on the fees charged by the law firm, such as: (1) The fees for criminal cases are determined on a case-by-case basis at each stage of case handling. 1. In the investigation stage, each piece will be charged 2,000-10,000 yuan.
2. In the review and prosecution stage, each case will be charged 2,000-10,000 yuan. 3. In the first instance stage, Liang Guess will be charged 4,000-30,000 yuan per piece. 4. There is no limit to the above fees.
2) Lawyer service fees are to be charged in second-instance trials, death penalty reviews, retrials, appeals, and private criminal prosecution cases in accordance with the fee standards for the first-instance trial. (3) For multiple stages of a law firm's case, fees will be reduced from the second stage. (4) Where the victim initiates a case of "civil litigation attached to a criminal case", a lawyer's service fee is to be charged in accordance with the standard for civil litigation cases.
5) Where criminal suspects or defendants are involved in several crimes at the same time, or where they are involved in several crimes, they may be collected separately on a case-by-case basis in accordance with the charges or facts involved.
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Different cases, different lawyers, fees are different, the key is the communication and connection between yourself and the lawyer.
Handling criminal cases.
1) Investigation Stage:
1. Provide legal advice: 300 500 yuan;
2. Application for release on bail pending further investigation: 500 to 3000 yuan;
3. **Appeals and accusations: 1,000 yuan 10,000 yuan.
2) Review for prosecution stage:
1. Not involving property relations: 1,500 to 12,000 yuan;
2. Involving property relations: It shall be implemented in accordance with the 70 fee standard for civil litigation cases involving property relations, but the minimum shall not be less than 2,000 yuan.
3) Trial Stage:
1. It does not involve property relations
1) Serving as the defendant's defender: 2,500 yuan and 20,000 yuan;
2) Litigants who serve as private prosecutors and victims: 2,000 yuan and 15,000 yuan;
2. Involving property relations: In accordance with the charging standards for civil litigation cases involving property relations.
1. How long does it take for a verdict to be pronounced after a criminal case is missing?
Where first-instance criminal cases apply the general order, trial shall be completed within two months, but an extension of two months may be granted in major and complex cases of group crimes or wandering crimes.
Article 202 of the Criminal Procedure Law: People's courts hearing public prosecution cases shall announce a verdict within two months of accepting the case, and must not exceed three months at the latest. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.
In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.
Article 156 of the Criminal Random Excavation Procedure Law: Where the investigation cannot be concluded at the completion of the time limit provided for in Article 154 of this Law, it may be extended for two months upon approval or decision of the people's procuratorate of the province, autonomous region, or directly governed municipality:
1) Major and complex cases in remote areas where transportation is very inconvenient;
2) Major criminal group cases;
3) Major and complex cases in which the crime was committed on the move;
4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.
Article 214 of the Criminal Procedure Law: In cases where the simplified procedures are applied at trial, the people's court shall complete trial within 20 days of accepting it; Where a sentence of more than three years imprisonment might be given, it may be extended to one and a half months.
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The cost of criminal cases depends on the specific situation, and the following aspects should generally be considered: the case is late, the suspected crime, the difficulty of the case, the time spent by the lawyer to handle the case, the size of the lawyer's reputation, etc., the case is different, the situation is different, and the fee is different, ranging from tens of thousands to hundreds of thousands, and the specific need to negotiate with the lawyer. However, there are a few things to keep in mind when charging a lawyer in criminal cases:
1. Can't do risk**;
2. Different charges cannot be taken according to the different results;
3. When signing a ** contract, the criminal defense lawyer cannot promise the outcome of the case.
4. Criminal cases generally go through three stages: investigation by the public security organs, review and prosecution by the procuratorate, and trial by the court. These three stages are three cases, according to the relevant regulations on fees, generally only one stage of the first stage of the first stage, one stage of one stage of charging, and not the three stages of charging together.
The three stages are collected together, of course, but it should be clearly explained to the client and clearly agreed in the entrustment agreement.
As for the specific amount of each case, it is necessary to have an interview with the lawyer, depending on the lawyer's conversation, knowledge, ability, the cases he has undertaken, his reputation and seniority.
Legal basis: The "Lawyer's Fee Service Standard" is determined through consultation with the lawyer in combination with the specific case, the amount of the subject, the degree of complexity, and the depth of the lawyer's qualifications.
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The fee for each piece is more than 2,000 yuan in the investigation stage, more than 2,000 yuan for each piece in the review and prosecution stage, and more than 4,000 yuan in the first instance stage.
1.Case fees are to be determined on a case-by-case basis at each stage of case handling. In the investigation stage, each piece is charged 2,000-10,000 yuan.
In the review and prosecution stage, each piece is charged 2,000-10,000 yuan. In the first instance stage, each piece is charged 4,000-30,000 yuan. There is no limit to the above fees.
2.Lawyer service fees are to be charged in second-instance trials, death penalty reviews, retrials, appeals, and private criminal prosecution cases in accordance with the fee standards for the first-instance trial. For multiple stages of a case, the fees for a lawyer's firm will be reduced from the second stage.
Where the victim initiates a civil litigation case attached to a criminal case, lawyer service fees are to be collected in accordance with the civil litigation case fee standards.
I would like to introduce you in detail the chief lawyer of Beijing Yinlei Law Firm: lawyer Lei Haijun.
Criminal detractors: Beijing Yinlei Law Firm pays attention to the effectiveness of case handling, and accepts cases after evaluation, rather than blindly accepting cases; **The number of criminal cases is not large, but the director is generally personally involved, and a small number of high-quality cases are selected to participate; The firm emphasizes the quality of cases and ignores the number of cases. Dare to confront, really confront, do not make formal defenses, do not fear the judiciary, do not retreat, do not be timid, brave, resolute, and firm.
Do not speculate customer cases, only take the interests of customers as the standard, and protect the safety of family members. The defense of innocence is used as a means to achieve the effect of the least defence possible. In the adversarial defense, advance and retreat freely, control the scale, and take the withdrawal of the case by the public security organs, the length of the detention and sentence, and the release on bail pending trial as the substantive defense goals.
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Legal analysis: (1) Investigation stage: 1. Provide legal advice:
300 500 yuan; 2. Application for release on bail pending further investigation: 500 to 3000 yuan; 3. **Appeals and accusations: 1,000 yuan 10,000 yuan.
2) Examination and prosecution stage: 1. Not involving property relations: 1,500 to 12,000 yuan; 2. Involving property relations:
It shall be implemented according to 70% of the fee standard for civil litigation cases involving property relations, but the minimum shall not be less than 2,000 yuan. (3) Trial stage: 1. Not involving property relations:
1) Serving as the defendant's defender: 2,500 yuan and 20,000 yuan; 2) Litigants who serve as private prosecutors and victims: 2,000 yuan and 15,000 yuan; 2. Involving property relations:
In accordance with the fee standard for civil litigation cases involving property relations.
Legal basis: Article 5 of the Criminal Procedure Law: The people's courts exercise their adjudication power independently in accordance with the provisions of law, and the people's procuratorates exercise their procuratorial power independently in accordance with the provisions of law, and are not subject to interference by administrative organs, social groups, or individuals. In the course of independently exercising their functions and powers in accordance with law, the people's courts and people's procuratorates must accept the leadership of the Communist Party of China, and must accept the supervision of the people's congresses at all levels and report to them on their work.
Article 11 of the Criminal Procedure Law: When a people's court adjudicates a case, the defendant has the right to a defense, and the people's court has the duty to ensure that the defendant receives a defense. In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The defendant's right to defend is to be exercised in the public prosecution case from the date on which the case is transferred for review.
Defendants in private prosecutions may retain a defender at any time.
Article 3 of the Criminal Procedure Law: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases; The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions; The people's courts are responsible for trials. Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers. People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.
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1. The specific circumstances of the case The specific circumstances of the case mainly refer to the complexity of the hail case, such as whether it is a single crime or a joint crime, whether it is a crime or several crimes, whether the imitation limb sail involves one crime or multiple crimes, and so on.
The specific circumstances of the case directly determine the difficulty of the legal affairs and other necessary costs required to handle the case, which is the primary factor in determining the lawyer's fee.
2. The specific requirements of the client Different clients will have different requirements for the work of the lawyer, the most typical is the number of meetings in the investigation stage, and some clients will require the lawyer to increase the number of unnecessary meetings in addition to the number of meetings required by the case, which will directly increase the lawyer's workload and its hunger and other costs, resulting in an increase in the lawyer's fees. The specific requirements of the client are an important factor in determining the lawyer's fee.
3. The specific situation of the lawyer: the difference in the social reputation and work level of the lawyer determines the difference in the value of his work, and there are also differences in the fee, and the specific situation of the lawyer is the key factor in determining the lawyer's fee.
Legal basis: Article 25 of the "Lawyers Law" provides that when lawyers undertake business, the law firm is to uniformly accept the entrustment, sign a written entrustment contract with the client, and uniformly collect fees in accordance with state provisions and truthfully record them in the accounts.
In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
1. After the lawyer accepts the entrustment of the parties, the two parties will establish a service contract relationship. Lawyers shall handle matters entrusted by their parties with due diligence and handle litigation matters on their behalf. >>>More
Specific procedural provisions on the handling of criminal cases by public security organs: >>>More
People's Procuratorate.
According to the Criminal Procedure Law of the People's Republic of China >>>More
Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are litigation arising from disputes between citizens, legal persons, and citizens and legal persons who are equal subjects, mainly referring to cases related to property rights and interests, but also including personal cases such as marriage and family. Such as breach of contract, divorce, property inheritance, personal injury, etc. >>>More