CRIMINAL DEFENSE

Many suspects or accused of various crimes use the help of a free criminal lawyer. I do not recommend doing this. The interests of the suspect during the preliminary investigation and the accused in court will not be protected to the extent that you would like it. I tell you why it is better to involve a qualified criminal lawyer..

The main reason for the inefficiency of the defender for the purpose is the low payment for one day of participation in the criminal process. Remuneration for most cases is 1,500 rubles per day. At the same time, some take up the whole day. After all, before the court session, you need to get acquainted with the case materials, talk with the accused.

Therefore, a free lawyer does not take the initiative and does not try to protect his client with all his might (but there are exceptions). On the contrary, he tends to take several cases a day to ensure an acceptable income. Of course, this makes the effectiveness of protection even worse.

The work of a paid defender is aimed at a positive result. After all, he is responsible to his client with his reputation.

Why do I need protection in a criminal case

Next are the most common cases in which the assistance of a criminal lawyer is required.

Procedural violations at the investigation stage

One of the most common problems is the violation of criminal procedure legislation at the stage of preliminary investigation. Can be expressed in:

● incorrect presentation of factual circumstances in the decision to initiate a criminal case;

● untimely conduct of procedural actions;

●the reflection of obviously false information in the materials;

● execution of documents in violation of applicable legal norms.

Of course, the work of the investigator and the investigator is checked by the supervising prosecutor. But this is usually of little use. In most cases, they pay attention only to the grossest mistakes.

If a criminal case with violations is brought to court, it will affect the verdict in any case. After all, the judge will evaluate only the evidence that is presented to him. Therefore, it is important that the most objective materials be sent. It is almost impossible to achieve this without the help of a qualified criminal lawyer.

Incorrect qualification

A serious problem at the stage of preliminary investigation is incorrect qualification. For example, theft can be regarded as robbery. Drug possession as distribution. And ordinary fraud turns into fraud by an organized group.

The motives of such behavior of law enforcement officers are clear. After all, their activities are still evaluated based on planned indicators for a certain period of time.

But that doesn't make it any easier for the suspect. After all, the incorrect qualification of his actions entails a more severe punishment. Therefore, it is important to re-qualify the crime until the case materials are handed over to the court with an indictment. And here again we need the help of a criminal lawyer.

Illegal actions of the investigator

It is not uncommon for a suspect at the stage of a preliminary investigation to face illegal actions on the part of the investigation or inquiry bodies. A common case is the unjustified election of a preventive measure. Although the suspect does not hide from law enforcement agencies, appears for procedural actions, has a permanent place of residence, the investigator applies to the court with a petition for his detention.

Of course, it is difficult to achieve justice on your own in such a situation. Especially considering that a citizen is placed in a pre-trial detention center. Here, too, a criminal lawyer is needed.

Defense at the stage of judicial proceedings

Violations occur less frequently at the trial stage, but they also happen. This can be expressed in:

● refusal of the court to accept evidence from the defense;

● refusal to grant the request to call witnesses;

● failure to take into account certain facts and circumstances by the court.

Most of the accused are powerless in such situations when there is no qualified lawyer ready to defend their interests.

Appeal of the verdict

Also, a criminal lawyer is necessary if the convicted person considers the sentence unlawful. Most citizens cannot independently file a complaint against a court decision. This requires specific knowledge in the field of jurisprudence. Therefore, in such a situation, the help of a specialist is also necessary.

The result of the lawyer's work

The result of the work of a criminal lawyer is the achievement of a situation as favorable as possible for the client under the existing conditions. This can be expressed in:

●termination of the criminal case;

● reclassification of the crime to a less serious one;

●mitigation of punishment;

● reducing the amount of compensation for material or moral damage.

But such results are possible only with timely access to a lawyer. Ideally, when a citizen found out that operational investigative measures were being carried out against him or immediately after the initiation of the case.