If the bail application fails, the applicant can apply again as the case progresses or request a review of the necessity of detention. This is based on Articles 67 and 95 of the Criminal Procedure Law. Key points for handling new circumstances such as the arrest approval stage and the return of compensation and apologies are also included in the document.
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When choosing a lawyer, first verify the lawyer's practice license number and the law firm's information. Sign a written power of attorney, make a public payment, and request an invoice. Promises of guaranteed victory, relationship-based sales pitches, and private fee collection are all red flags. Attached are guidelines for filing complaints and reporting cases.
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During the period of criminal detention, family members are generally not allowed to meet the detainee, but can only entrust a lawyer to meet them in accordance with Article 39 of the Criminal Procedure Law, which should be arranged by the detention center within 48 hours at the latest. Family members can deposit money and send items, and cooperate with the bail process. Attached: Golden Tips for ...
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Criminal lawyer fees are charged separately at different stages. The fees charged at the review and prosecution stage are generally lower than those at the first-instance trial. It is prohibited to engage in risk-based representation in criminal litigation. Therefore, clients should sign a written contract with the law firm, make payments through official channels, and attach the key points of see...
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The lawyer explains the legal sources and defense actions during the first 37 days after criminal detention: meetings, applications for bail, legal opinions, and opinions against arrest. Early intervention can have a significant impact on the outcome of the arrest decision.
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The lawyer explained that criminal fees are charged in stages: investigation, review and prosecution, and first-instance trial. Each stage costs between a few thousand and tens of thousands of yuan. Risk-based fees are prohibited in criminal cases, and the lawyer used a case handled under bail pending trial to explain the fee structure.
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The lawyer explained that there is no official ranking of law firms. When choosing a criminal law firm, one should consider their experience in handling similar cases, their case-handling procedures, and the transparency of their fees. The lawyer also suggested referring to their track record in defending intentional homicide cases and handling two cases involving bail pending trial.
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The lawyer explained the qualifications of witnesses to the will: friends who have an interest in the heirs cannot act as witnesses, but ordinary friends can. For wills written, printed, recorded, or videotaped by others, more than two qualified witnesses are required. For self-written wills, no witnesses are needed.
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The lawyer explained that there are two legal succession orders: spouses, children, and parents are in the first order; siblings, grandparents, and maternal grandparents are in the second order. A will takes precedence over legal succession, and those who fulfill their main duty of supporting the elderly can receive a larger share of the inheritance.
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The lawyer explained that the division of family property is based on the joint ownership of the family and occurs during the lifetime of its members, while inheritance is conditional on death. For relocation housing, it is often necessary to first divide the property and then inherit it, with cases where the division agreement is confirmed as valid by the court being common.
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The lawyer explained that the property rights in patents and trademarks can be inherited, except for personal rights. It is necessary to handle the registration changes and trademark transfers. It is important to note that the term of an invention patent is 20 years, the term of a trademark is 10 years, and annual fees need to be renewed.
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The lawyer explained that in the case of joint repayment of a mortgage, the inheritance of the house should first be allocated to the spouse's share, and then distributed according to the will or statutory inheritance. The unpaid loans should be repaid within the actual value of the estate. The lawyer also cited Articles 1153 and 1161 of the Civil Code and related case studies to support his expla...
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The lawyer explained that once the adoption is established, the rights and obligations with the biological parents are terminated, and in principle, there is no legal right of inheritance; if the adoption is dissolved, the child may receive a share of the inheritance through a will or support, subject to Articles 1111, 1117, and 1131 of the Civil Code.
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The lawyer explained the inheritance path without adoption registration: the de facto adoption formed before the amendment of the Adoption Law in 1999 can be recognized, and those who have not been recognized as adopted can receive their inheritance according to Article 1131 of the Civil Code, with the evidence list attached.
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The lawyer explained that the contractual income from forest land can be inherited, and the heirs can continue to contract it during the contract period (Article 32 of the Rural Land Contract Law), but the right to operate farmland cannot be inherited.
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