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In a criminal case, you are a victim, and you don't need to hire a lawyer, but if you are involved in civil compensation, you can hire a lawyer or not, as long as you understand it yourself, you can understand it. Hiring a lawyer is not necessary, after all, it costs.
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If it is borrowed by a friend and broken, you can discuss with a friend, if it is parked on the side of the road and is hit by others, you can choose to call the police, and the police will deal with it.
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There is economic strength.
The legal relationship is complex.
The application of the law is difficult.
It is difficult to collect evidence.
In these cases, you need to hire a lawyer, and you can ask for as much as possible.
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Basically, a lawyer must be hired in a criminal case, and in a civil case, if the evidence is difficult to find, it is best to entrust a lawyer, and if the relationship is simple, you can handle it yourself.
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When encountering legal problems, hiring a lawyer to serve them is the choice of many people, because interlacing is like a mountain, and having a professional lawyer to help deal with it will make you feel more confident. Today, we are not the question of how to hire a lawyer, but which cases can be handled by themselves without a lawyer, in fact, there is no specific answer to this, I personally think that you may wish to consider from the following aspects.
First, the case is simple, the appeal is single, and there is no need to hire a lawyer.
For example, in some divorce cases, the relationship between the parties has broken down, they have been separated for many years, the marriage is in name only, and the two parties can not be calm, divorce through reconciliation, and finally can only take the form of a court judgment.
Second, it is clear and clear, and there is no need to hire a lawyer.
Most people hire lawyers because they lack legal knowledge and do not understand the court trial process, and now there are many people who have passed the judicial examination (law examination) and have not engaged in the profession of lawyer, either because they have a public office or engage in a profession they like, but they already have professional legal knowledge, and they have a bottom in their hearts, and they can explain the facts of the case clearly, and which laws are applicable.
Third, it is difficult to win the war, and it is difficult to enforce, and there is no need to hire a lawyer.
To put it bluntly, the facts of this kind of case are clear, because the statute of limitations is fast and the legal process must be completed, and the biggest problem in this kind of case is not winning or losing, but winning the lawsuit may not necessarily be enforced. This is often the case in private lending cases, some of the subject matter is not small, if it is according to the lawyer's normal fee, it will be a large expense, from the aspect of cost saving, you can save a point.
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Since most people who have not hired a lawyer do not have a good understanding of the work and role of lawyers in criminal cases, it is not clear when they should hire a lawyer.
After the criminal suspect is interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, he may hire a lawyer to provide him with legal advice, appeal, or accusation.
Where a criminal suspect is arrested, the lawyer hired may apply for release on guarantee pending further investigation during the investigation phase, and the lawyer has the right to clarify the charges against the criminal suspect to the investigating organs, and may meet with the criminal suspect in custody to learn about the circumstances of the case and other relevant evidentiary materials from the criminal suspect; Acting as a defender or litigant at the stage of review and prosecution; In the trial stage of the court, the first person is professionally defended in accordance with the law, and the vital interests of the parties are effectively protected.
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Under what circumstances should a party hire a lawyer
1. Cases that seem to be simple from common sense, but in fact contain complex legal relationships, it is best to hire a lawyer.
Some cases seem to be very simple on the surface and can be explained with ordinary common sense, but in fact, because of the complex legal relationships involved, it is necessary to strictly grasp the legal procedures and litigation skills, such as the determination of the subject of the litigation, the submission of litigation claims, the collection and selection of evidence, etc., all of which must be carefully planned. Some people are greedy for saving money, so they ask a few lawyers to consult a few law books in the bookstore and look at them, and they sharpen their guns without entrusting a lawyer, but they pick up sesame seeds and lose watermelons, and they lose the lawsuit they can win because of a small loss.
2. If the evidence is incomplete, the loopholes are large, and the characterization is ambiguous, a lawyer should be hired.
Quite a number of cases are cases where the evidence is incomplete, the materials are contradictory, and there are many doubts or qualitative differences. This kind of case has a lot of room for maneuver, and the result of the case is incredible, which is when the lawyer can play the most role. In this case, it is more necessary for the lawyer to be meticulous, serious and cautious.
The parties should pay special attention not to just listen to the promises and be satisfied with the lawyer's big package, and think that the lawyer who has a really serious and cautious attitude will not be able to handle the case. The result will be a big mistake. In fact, only those who can see the disease can really cure the disease.
3. It is more important to hire a lawyer at ordinary times, and take precautions.
As the saying goes: prevention is the best way to prevent problems. Many parties only go to hire a lawyer when they encounter a problem (dispute), thinking that it is useless to hire a lawyer at ordinary times, it is a decoration, and they do not realize the importance of hiring a lawyer.
If you do not hire a lawyer in ordinary times, especially when signing an agreement and making a major decision, but only hire a lawyer when there is a dispute, sometimes although a lot of fees and litigation fees have been spent, the wood has been completed, and the lawyer is still unable to return to heaven after all his efforts. Therefore, it is more important to hire a lawyer in daily affairs, spend less money, save effort, and ensure safety.
Measures for the Administration of Lawyers' Practice
Article 6: Applications to practice as a lawyer shall meet the following requirements:
1) Supporting the Constitution of the People's Republic of China;
2) Obtain a legal professional qualification certificate through the National Unified Judicial Examination;
3) Have completed one year of internship in a law firm;
4) Be of good character.
Lawyers' qualification certificates obtained before the implementation of the National Unified Judicial Examination have the same effect as legal professional qualification certificates when applying to practice as lawyers.
Where those who enjoy the relevant registration requirements and preferential measures for passing the National Unified Judicial Examination, and have obtained legal professional qualification certificates, the geographical restrictions on their application to practice as a lawyer are to be handled in accordance with relevant provisions.
Persons applying to practice as lawyers shall participate in internship activities organized by the lawyers association in accordance with provisions, and pass the lawyers association's evaluation.
If you still have any questions, you can consult a professional lawyer.
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A: Only in criminal cases, the law has a relatively strict regulation on the time to hire a lawyer. In accordance with the provisions of the Code of Criminal Procedure:
After the criminal suspect is first interrogated by the investigating organ or from the date on which compulsory measures are taken, a lawyer may be hired to provide him with legal advice, appeals, or accusations; Where a criminal suspect is arrested, the lawyer hired may apply for release on guarantee pending further investigation; In cases involving state secrets, the criminal suspect's hiring of a lawyer shall be upon the approval of the investigating organs; In public prosecution cases, from the date on which the case is transferred for review for prosecution, the criminal suspect Dong Luda may request a lawyer to defend him; Defendants in private prosecutions may request a lawyer to defend themselves at any time. The private prosecutor and his or her legally-designated ** person in a private prosecution case, the parties to the attached civil litigation and their legally-designated ** person, and the party to the attached civil lawsuit and their legally-designated ** person, may retain a lawyer to serve as the litigant at any time.
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1. It has economic strength.
Regardless of the size of the case, the amount of property in dispute, or the complexity of the case, it is better to hire a lawyer than not to hire one. Within the scope of your own strength and psychological tolerance, please ask a lawyer who is satisfactory to you, who can help you analyze the case and say a few words when you are in the first place. A lawyer is a teacher of the law, and he is entrusted with the work of loyalty, which is still useful in most cases.
2. The legal relationship is complex.
Generally, before suing for divorce, the parties often go through a relatively long process of self-struggle, and generally go through an ineffective negotiation process. Although some parties have not directly discussed divorce with the other party, they will also go through a time-consuming psychological process. The breakdown of the relationship between the husband and wife and the collection of evidence of fault, whether there are specific items in the joint property of the husband and wife, whether the lawyer needs to mediate with the other party to strive for a peaceful settlement, these divorce skills require a lot of pre-litigation preparation.
In addition, China's civil litigation implements the principle of "no prosecution and no prosecution" of "the people do not sue the officials and do not prosecute", and if you do not make a request yourself, the judge will not take the initiative to raise it.
For example, under article 46 of the Marriage Act, the acts that may constitute damages for divorce include: bigamy, cohabitation of a spouse with another person, domestic violence, abuse or abandonment of a family member. Don't assume that you will be awarded divorce damages if you meet the above conditions.
Article 30 of the Interpretation (I) of the Supreme Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that "if the innocent party is the plaintiff in a divorce lawsuit and files a claim for marital damages with the people's court, it must do so at the same time as the divorce proceedings", that is, if you do not file it in time, the court will not take the initiative to protect your rights and interests.
3. It is difficult to apply the law.
In some divorce cases, although the facts of the case are simple, the application of the law is complex, the law does not provide for the handling of disputes, the relevant judicial interpretations are not clear, different legal people have different views, and even there are controversies in the theoretical circles. For the handling of such cases, it is necessary to hire a professional matrimonial lawyer to help.
4. It is difficult to obtain evidence.
In a sense, fighting a civil lawsuit is also fighting evidence. In terms of family property, extramarital affairs, domestic violence, etc., it is difficult to obtain evidence. Where can I find these properties?
What counts as concealed transfer of property? What kind of evidence can prove an extramarital affair? What is the best way to collect evidence?
Can the court admit the recording evidence? These issues require both legal knowledge and practical experience. Hiring a lawyer can help you get twice the result with half the effort.
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In the case that you can't handle it yourself, in the case that you can't control it, you can hire a lawyer.
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AnswerGenerally speaking, if you encounter a legal dispute or difficulty, you may consider hiring a lawyer if you are unable to handle it yourself or are worried that you will cause greater damage if you do not handle it properly.
Ask about the alleged involvement in the opening of the casino.
The amount of dividends is more than 6,000, which has been returned to the dirty and is now being prosecuted to the procuratorate.
This also depends on how big the amount of money involved in the overall case is.
According to the provisions of paragraph 2 of article 303 of the Criminal Law of the People's Republic of China, anyone who opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given.
The question is online panda mahjong, and the group leader is not me.
I helped pull more than a dozen people in the group, and more than 6,000 people were divided.
Then your nature is indeed a bit serious, because 1 is online gambling, 2 is you or responsible for pulling people.
The case has been referred to the Public Prosecutor's Office.
I'm not in charge of pulling people to ask questions, it's introduction.
Yes, but the most troublesome thing is that you are actually involved and actively solicit people.
Although your side has already returned the profits, (this helps to alleviate a little), but because you are active and actively involved.
Therefore, if sentencing is involved, there is still the possibility of actual punishment.
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