Parole
P. appealed to Zaitsev A. V. lawyer for legal assistance. P. the husband was serving a sentence in a penal colony for committing a crime under article 111 of the criminal code, was sentenced to imprisonment for a term of 10 years. In accordance with the law of P. has served the prescribed sentence in order to be eligible for early release. P. has twice applied for parole, but the court consistently refused him.
The lawyer accepted the assignment, met with the convict P. after Reviewing court rulings on previous motions, after talking with his client, the lawyer concluded that the regulations were unlawful and if convicted P. appealed against them to a higher court, the superior court most likely would have canceled them. The resolution was in fact unwarranted, the person was denied a request on spurious grounds, not provided for by law, without regard to the clarifications of the Plenum of the Supreme court.
Lawyer Zaitsev was prepared a new petition in defense of P. on parole. In the new petition the lawyer has taken into account all requirements of the law for parole, made reference to explanations of the Plenum of the Supreme court of the Russian Federation on the inadmissibility of circumstances not envisaged by law, with parole.
The court agreed with the attorney and decided to release P. on parole from serving a sentence.
On the website - just a few examples of my cases, want to know the prospects for your business - request a free consultation!
Article 111 of the criminal code
M. it was accused by bodies of preliminary investigation in committing an intentional infliction of harm to health part 1 of article 111 of the criminal code. According to investigators M. in a state of alcoholic intoxication on the basis of suddenly arisen aversions shot from a traumatic gun in the river, in which the latter lost an eye. Immediately after the initiation of criminal proceedings M. was taken into custody. (Later attorney A. V. Zaitsev managed to change the measure of restraint on recognizance not to leave). A lawyer Zaitsev A. V. appealed the wife of M. Enlisting in the case, counsel familiarized himself with the testimony of M., who has admitted to having deliberately shot M. R. Met with personally in the detention center, the lawyer A.V. Zaitsev learned from M. that he himself stipulated under the psychological pressure of the police that the shot was an accident. The lawyer met with the victim of which discovered that there is no conflict between her and M. it was not that the shot was an accident, but the police in her statement portrayed all different, testimony she did not read, because it was under the influence of anesthesia after surgery.
At the request of counsel was held a confrontation between R. and M., where they changed their testimony in favor of the defendant M. Attorney filed a motion to the investigator of requalification actions M. with part 1 of article 111 of the criminal code less serious article 118 of the criminal code of Russian Federation (causing of heavy harm to health on imprudence). The investigator refused satisfaction of the petition and the case was sent to court.
In court, the state Prosecutor heeded the arguments of the defense and dropped the charges under article 111 of the criminal code and were asked to classify the actions of M on article 118 of the criminal code. As a result the court retrained actions of M. in article 118 of the criminal code and discontinued the criminal proceedings connection with reconciliation of the parties.
Article 105 of the RF criminal code Murder
R. was charged with incitement to murder. Was taken into custody during the investigation. Guilty of a crime. not recognized. A criminal case was in manufacture of the investigator of the Investigative Committee in the town of Vsevolozhsk. Enlisting in the case, a criminal lawyer Zaitsev A. V., familiarized with the documents in the case, spoke with the investigator, with a client and realized that evidence of the guilt of R. the consequence is not available. For the defender it became obvious that the calculation of the operatives and the investigation was based on the fact that R. after the arrest is recognised, what was done, they would agree under pressure, and this will build charge, as not rarely happens. However, R. was "a tough nut".
The lawyer chose the following tactics: just filled up the investigator‘s petition and complaint challenged the actions and omissions of the investigator in the trial and higher courts. In the first the investigator changed the measure of restraint and released him from isolation. Then it even was launched on the brakes, measure R. was cancelled.
At the meeting I receive from the client all I‘m interested in information about the arrest and the circumstances of the case. Next, I explain that I can do for the client to achieve a positive result. Evaluate the term. Explain what I would do if I were his lawyer, that there was a positive outcome in a criminal case
Of course, there are risks that I predict that it may not work. The risk of failure, I agree. People are interested in what percentage of success, I kept going and voicing
3.
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If you agree to work with me, we are discussing the amount of the fee, installments. The fee is to be paid at the time of signing of the contract either in full or in part if in installments, the agreement all terms are determined. The contract can be signed not only his client but also his representative: a family member, friend, or parent, if the suspect is a minor. View/download the sample contract
When signing the contract, the payment is only for protection at the stage of preliminary investigation (this is when the investigator conducts the business). Then, if the case is sent to court, is a separate agreement on the court.
There are times when relatives are on duty near the police Department and they need to have an attorney in a criminal case pulled up right there. In such circumstances, there is no technical possibility to prepare a contract. This is not a problem, I drive and get to work, and relatives just have to pay the amount negotiated by phone or make a down payment. The contract will be prepared later
If a person is already condemned, people are calling in to see the verdict, assessed the situation and, if necessary, written complaint. Then a criminal lawyer meets with people reading a sentence, gives a score, looking whether there are violations that can result in the quashing of the sentence. If you have a vision, then, is a contract for the defense on appeal in the court
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The criminal defense violent crimes: articles 105, 111, 112, 115, 116, 109, 118, 119 the criminal code
Protection in criminal cases related to drug trafficking
Protection on criminal cases of selfish crimes: articles 158, 159, 161, 162, 163, 160, 166 the criminal code
Parole
Protection on criminal cases during preliminary investigation and in court
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ZAITSEV
Lawyer Zaitsev A.V. defended K. the preliminary investigation and in court. K. was charged under article 228 part 2 of the criminal code. Guilty of a crime he did not recognize, argued that the drugs had been planted by the police in a personal inspection of the picket.
In the preiod of the investigation was carried out confrontation with the police, who as one argued that it naturally didn‘t plant. The lawyer is paid to irregularities and inconsistencies in the case, for example chemical composition of a substance. which has been detected at K and the composition of the substance that was detected in the urine was different. Although according to investigators K. acquired drug used, and is left for further use. The investigator refused to request the video of the underpass, where he was detained K., denied the petition to counsel for investigation and the questioning of a witness – another detainee K., who could confirm that upon initial inspection as nothing prohibited was found and etc. In the end, the case went to court and promised to take, because K. didn‘t admit guilt and his lawyer wanted to "stand to death".
The situation was complicated by the fact that K. was released recently from imprisonment places where served sentence under article 228 of the criminal code. According to his estimates of the conditional sentence he is not threatened, because being early for the first time convicted, he received a real term, although he had all the positive characteristics of this time. Lawyer Zaitsev A. V., appearing in court, once the threshold received from the court a proposal to conclude a transaction: K. is guilty, and the court assigns a suspended sentence, and the defense does not insist on those motions that are stated at the inquest. The lawyer spoke with his client, explained slojivshuyusya the situation, and given the unreality of the acquittal of K. decided to plead guilty to the crime. Running in parallel with this lawyer was invited to the court officer of a major rehabilitation centre for drug addicts, who confirmed that because it passes their rehabilitation and has positive dynamics. It definitely affected the term of imprisonment and probation.
Article 228 of the criminal code
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