After being detained in custody, the lawyer can meet with the client, understand the case, apply for bail, and file appeals and complaints; the lawyer can intervene in accordance with Articles 34, 67, and 75 of the Criminal Procedure Law to seize the golden period of 37 days.
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During the period of criminal detention, family members should hire a lawyer as soon as possible to meet with the detainee, understand the suspected charges and the detention facility, prepare daily necessities, never destroy or falsify evidence, and pay attention to the detention period and the notification documents.
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The success rate of obtaining bail depends on whether the conditions set forth in Article 67 of the Criminal Procedure Law are met. If a lawyer meets with the client during the investigation stage, argues that there is no social danger, and submits an application, the success rate will be significantly increased.
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In criminal defense, the defense attorney independently safeguards the suspect's litigation rights, and only lawyers can intervene in the investigation stage; in civil litigation, the attorney acts on behalf of the client within the scope of authorization. The status and purpose of the two are different.
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If the public security organ refuses to file a case, the victim can first apply for a reconsideration and request a review by a higher authority. If the public security organ should file a case but refuses to do so, the victim can apply to the procuratorate for supervision of the case filing. Once the procuratorate notifies the public security organ to file a case, the public security organ must d...
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To prevent a will from being invalid, it is necessary to adhere to three fundamental principles: the testator must sign and date the will by himself/herself, the witnesses must be independent, and the will must only dispose of personal property while reserving the required portion.
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For remarried families, it is advisable to draft a legal will as soon as possible and cooperate with property agreements, insurance, and trusts to clarify the ownership of real estate and deposits. A self-written will must be signed by the testator and dated, and the attached obligations must be enforceable.
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The inheritance attorney's fees are charged on a per-case or per-value basis, with actual expenses charged separately. In family law cases, contingency fees are limited, and clients should be wary of "no win, no fee" arrangements. Fees must be explicitly specified in writing when signing the contract.
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In the absence of a will, the legal succession follows the following order: first, the spouse, children, and parents; second, siblings and grandparents. Stepchildren must form a supportive relationship with their parents, and widowed daughters-in-law and sons-in-law may be considered as first-order heirs if they fulfill their duty of support.
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For properties without a will, the inheritance shall be handled in accordance with the law. The first-order heirs, including spouses, children, and parents, shall divide the property equally. Those who have waived their inheritance rights through notarization but later regret their decision may face difficulties in obtaining legal support. It is recommended to draft a will as early as possible.
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According to Article 1136 of the Civil Code, to print a will, it is necessary for two or more witnesses to sign each page and note the date. In the event of conflicting wills, the latest will shall prevail, and the notarized will made before the Civil Code shall take precedence.
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If the inheritance is encroached upon, the claimant can demand its return and division. According to Article 235 of the Civil Code, the claimant may request the return of the original property. If there is no will, the inheritance shall be inherited according to law. If no agreement can be reached through negotiation, the claimant may file a lawsuit and apply for preservation of the property.
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In cases of domestic violence, victims can independently apply for a personal safety protection order without having to file for divorce first. The court generally issues a ruling within 72 hours, and in urgent cases, within 24 hours, which can prohibit the perpetrator from committing violence or harassment, and order them to move out of the victim's home.
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According to Article 1079 of the Civil Code, the breakdown of a relationship must be determined based on a combination of evidence, including police reports, chat photos, separation certificates, and punishment decisions. If the evidence is insufficient, the court may rule against granting a divorce.
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In divorce litigation, it is not mandatory to hire a lawyer. If the facts are clear, you can handle it yourself. However, for complex situations such as large-scale property disputes, domestic violence, or cross-border cases, it is recommended to hire a lawyer. According to Article 1079 of the Civil Code, the court shall mediate and decide on the divorce based on the agreement of the parties.
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