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Chapter 370 Zhang Wei's Litigation Strategy

"Why are you here again? I made it very clear last time that I will not take your case, and I personally suggest that you should give up. It is really unnecessary to lose your character if you have no chance of winning."

Seeing Zhou Hongtao and Zhou Yunan brothers and sisters in front of him, Zhang Wei sat on the swivel chair with his fingers crossed, quite helpless.

Originally, they wanted to find Zhang Wei as an agent to help them file a lawsuit for compensation, but Zhang Wei pushed the matter away considering his relationship with Jiang Bai.

Later I heard that they lost the lawsuit.

Unexpectedly, a few days later, they actually came to the door. Could it be that they want to appeal to themselves?

"Lawyer Zhang, don't get me wrong, it's not that case, it's... a new case." Zhou Hongtao quickly explained.

"A new case?"

Zhang Wei blinked, with a puzzled look on his face.

Zhou Hongtao smiled wryly and said, "That's right, we hired another lawyer to help with the lawsuit, but we lost..."

Zhang Wei nodded expressionlessly.

It's normal to lose that kind of lawsuit.

Not to mention that the opponent is the abnormal combination of Jiang Bai and Luo Dazhuang, even if it is replaced by other people, your chances of winning by extorting money are very low.

"We were very depressed when we lost the lawsuit, but as soon as we walked out of the trial court, we ran into the bailiff and sent us a summons."

Zhou Hongtao went on to say:

"That guy surnamed Jiang, he actually sued our brother and sister! He, he didn't pay us any money, but he actually asked us to pay for the depreciation of his house!"

"Lawyer Zhang, how could this happen? Isn't this bullying honest people?"

Zhou Hongtao's eyes widened, his face flushed red, and his expression was extremely excited.

Zhou Yunan next to him also had a Sima face.

Sure enough, it is still the familiar "Jiang's style"...

Zhang Wei almost laughed out loud.

He quickly rubbed his face, nodded and said, "Well, what then?"

Zhou Hongtao gritted his teeth and said, "My father is gone, his bones are still cold, and that man surnamed Jiang is still bullying people too much, disturbing him so much that he can't rest in peace. As a son, I definitely can't bear it!"

"So I called some relatives and friends, and ran to the gate of that person's community to protest!"

"In fact, I just want an explanation and an explanation. People can't die in an unclear way after they die, and it's impossible for him not to take any responsibility. There's no reason for that."

Hearing this, the corners of Zhang Wei's mouth twitched twice.

Is it such a punishment?
He has already guessed the next plot.

It's nothing more than relying on picking quarrels and provoking troubles.

If you put this matter on ordinary people, they might not think of it, and even if they thought about it, they might not really make such a fuss, but can Jiang Bai be an ordinary person?

This kid's style of life and work is actually very simple. To describe it in one sentence, it is "hold on to the green hills and not relax".

To put it bluntly, it is an axis, it is true, it is a tendon.

He doesn't cause trouble, but if someone sells a sword to provoke him, then you are ready to pack up your personal things and go in to experience group life.

The upper limit is life imprisonment behind bars, and the lower limit is a five-day tour of the detention center.

This time, they were lucky.

Picking quarrels and provoking troubles usually means detention for a few days.

Thinking of this, Zhang Wei said: "You want to ask me to help with administrative reconsideration? It's not necessary. In fact, picking quarrels and provoking troubles will only be detained for five or seven days. It's just a change of environment and a change of mind, and you will learn a lot of wisdom."

"It would be fine if it was only detained for a few days..."

Zhou Hongtao said with a bitter face: "The police told us that our behavior has been suspected of the crime of picking quarrels and provoking troubles, and it seems to be quite serious. He said that the sentencing may start in five years. We are also asking friends to help. He came out after being released on bail, Lawyer Zhang, you have to help us."

Zhou Yunan also quickly said: "Lawyer Zhang, I don't want to go to jail, we know you are very powerful, please save us!"

"Five years?"

Zhang Wei's face suddenly changed, and he was stunned.

Quickly said: "What's going on, please tell me in detail."

"us……"

Zhou Hongtao and the two began to talk about each other.

Although the words are messy, there is a hammer in the east and a mallet in the west.

But Zhang Wei still understood.

"So, you went to the other party to 'ask for an explanation' more than once? A total of a dozen people? And... also caused a traffic accident?"

Zhang Wei was shocked.

Why don't these two clever people play a game of stacking buffs here?

Even if the crime of picking quarrels and provoking trouble involves beating, cursing, destroying or occupying public or private property, if the circumstances are serious and egregious, the sentence is generally fixed-term imprisonment of not more than five years.

But Zhou Hongtao and the others superimposed three layers of buffs: "multiple people", "multiple times", and "seriously disrupted social order", and the sentence directly became more than five years but less than ten years.

You said that they did not beat anyone, nor did they destroy or occupy public or private property. In fact, the direct loss and impact they caused were not large, and they did not even meet the standards for sentencing.

But there are three more buffs...

This is a good time, not only is it enough to be punished, but it is also a severe sentence.

"Lawyer Zhang, is this case... easy to solve?" Zhou Hongtao asked anxiously.

Zhou Yunan next to him also looked at Zhang Wei eagerly, his eyes full of anxiety and anticipation.

Under the gaze of the two, Zhang Wei sighed, and said slowly: "You two, with all due respect, your case... the situation is not optimistic."

"Lawyer Zhang, what do you mean by that? We came here just for fame. Don't be sloppy with us. Why are you not optimistic?" Zhou Hongtao asked hastily.

Zhang Wei said: "Let me tell you this. According to what you just said, the crime of picking quarrels and provoking trouble is basically gone. All I can do is to help you try to reduce your sentence within the scope of the law."

"No, what do you mean by that? Are you trying to scare us to raise prices?" Zhou Yunan was full of disbelief.

Zhang Wei shrugged, "The key to the cooperation between lawyers and clients is mutual trust, which is also the basis of cooperation. If you think I'm lying, you can hire someone else."

"No, we didn't mean that."

"Stop talking!"

Zhou Hongtao gave Zhou Yunan a hard look, and then said: "Lawyer Zhang, since we came to you, we must trust you, not only in your ability level, but also in your professional ethics."

"but……"

"I don't understand. You said that we didn't kill or set fire, and we didn't have any physical conflict with anyone at all. At most, we just scolded that guy."

"How does this become a crime? It's still five years."

Zhou Hongtao irritatedly pulled at his pitifully thin hair.

He didn't understand at all.

Why?
Is this law made especially for him alone?

Could it be that the police also serve him exclusively?
Why target yourself!

"Lawyer Zhang, we didn't intend to kill or set fire, we just asked him for an explanation, and we really didn't know that was a crime..."

"Please save us. You said that we are ordinary people. We have never committed crimes in our honesty and duty. We didn't intend to commit a crime this time."

Zhou Hongtao pleaded bitterly.

Zhang Wei said lightly: "Mr. Zhou, from a legal point of view, your actions have indeed violated the crime of picking quarrels and provoking troubles, and because many people have committed the actions many times, they also caused car accidents, resulting in property losses and personal injuries, which also disturbed the public. social order……"

"This kind of behavior is very bad, and it has reached the serious level of the crime of picking quarrels and provoking trouble."

"If the procuratorate initiates a public prosecution, most of the claims will be more than five years old."

"As for you saying you don't know..."

Zhang Wei shook his head slowly: "Sorry, there has never been a principle in the criminal law that those who do not know are not guilty. If you violate the criminal law, you have to bear the consequences."

"Let me reiterate that in your situation, there is almost no chance of winning the defense of innocence. If you ask me to represent this case, I will make a lesser defense and try to reduce your sentence."

"That's it."

Zhang Wei spoke very simply and directly.

It might even be a bit cruel to the person involved.

But that's the truth.

If Zhang Wei was still the little transparent lawyer back then, maybe he would use a more euphemistic way of saying it in order to take on the case as much as possible.

In this way, although the two sides will spend more time arguing back and forth, the other party will be more acceptable psychologically, and the possibility of finding Zhang Wei to represent the case will be greater.

But now it's different.

Zhang Wei wants fame and fame, and prestige and prestige.

He doesn't need to "please" clients to get a case.

So from the perspective of efficiency, it has to be simpler and more direct.

Punishment is punishment, and no punishment is no punishment.

Will not follow you around.

After saying these words, Zhang Wei leaned back in the chair, picked up the cup and took a sip of tea calmly, looking at the two people opposite him calmly.

He refused the previous case because Zhou Hongtao was the plaintiff at the time, and he took the initiative to blackmail money.

But this time is different, this time they are the defendants.

Zhang Wei will not feel any psychological pressure to take this case, nor will it affect his friendship with Jiang Bai.

after all……

Speaking of the friendship between the two, it was established in the trial court. It was the first time Zhang Wei dealt with Jiang Bai, and the two sides were opposites.

But Zhang Wei didn't know that in Jiang Bai's heart, he was not an opponent, but... a teammate.

It can only be said that this is a countless sad story.

After hearing Zhang Wei's words, Zhou Hongtao and his sister still couldn't accept it for a while.

But after struggling for a while, he could only accept it if he didn't accept it.

Zhou Hongtao sighed helplessly, his shoulders slumped, and he said with an ugly face: "Lawyer Zhang, just follow what you said. Please help us in this case and help us get a commutation of sentence."

"Punishment, since you two trust me, let's sign the contract first, and leave the rest to me."

Zhang Wei smiled slightly, took out the contracts and handed them to the two respectively.

Zhou Hongtao and Zhou Hongtao glanced at each other before signing their names.

Then, Zhang Wei started to act.

First of all, of course, he went to the police station and got some materials related to his client, which would allow him to know more clearly and accurately what happened.

Especially witness testimony, on-site surveillance video and so on.

Just hearing those two people talking empty teeth and grinning, Zhang Wei didn't know what to do.

Once bitten, twice shy.

If a few more mines are buried inside, it will be dangerous.

Both Zhou Hongtao and Zhou Yunan were able to use their father's death to extort money. With such immoral and bottomless people, Zhang Wei would not be surprised by what they did.

Must keep a hand.

Zhang Wei watched the surveillance video carefully from beginning to end.

I felt a little more at ease.

At least, this group of smart people didn't make things irreversible.

There was no smashing or looting, no violent physical conflict broke out, and it was not pure legal blindness.

This can be used as a major defense strategy for commutation of sentences.

Of course, the most important thing is to start with the three buffs.

Many people, many times, seriously disrupted social order.

There is nothing to say about the first two. The facts are here, and there is no possibility of any refutation.

Therefore, Zhang Wei's main energy is devoted to "seriously disrupting social order".

In this case, this is mainly linked to the car accident.

Therefore, the key to commutation lies in this car accident.

If the conclusion that "the car accident was caused by Zhou Hongtao and others provoking trouble" can be overturned, then the situation will be much better.

In addition to this car accident, it also affected the travel of residents in the community, but the impact was not serious.

After finding the key to the problem, Zhang Wei checked the video before and after the accident several times.

Press the pause button with a "snap".

The screen freezes when the bottle of mineral water that flew out of his hand is about to hit the ground, and then continues to play.

The mineral water fell to the ground and rolled onto the road. Just at this moment, a BMW car drove up.

Then there was a car accident.

In this car accident, the driver of the car in front was definitely not responsible, and the passengers who got off the car were also innocent.

If the responsibility is divided, the two are not responsible.

The female driver of the BMW car is responsible, as are the two people who threw and received the water bottle.

As for how to divide it, it depends on the traffic police.

Zhang Wei set off again to the traffic police team to understand the situation.

The traffic police team has issued a division of responsibilities for this traffic accident, and the driver of the car behind is fully responsible.

The legal basis is Article 70 of the Road Traffic Safety Law.

Where a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, the liability shall be shared in proportion to their respective faults.

In this accident, the vehicle in front temporarily parked on the side of the road, did not violate any traffic regulations, and was not at fault. The vehicle behind did not take correct measures in the face of emergencies, and it was at fault, and it was this fault that directly caused The occurrence of traffic accidents.

But this result does not mean that Ma San'er and the others are not responsible.

The correct compensation posture for rights protection should be that the female BMW driver compensates the Accord driver for the loss, as well as the passenger's medical expenses and lost work expenses.

As for the loss of the BMW, the female driver can file a claim against Ma San'er and others.

This result is exactly what Zhang Wei hopes to see.

At least the traffic police team did not believe that there was a causal relationship between the behavior of Ma San'er and others and the traffic accident, but instead placed more responsibility on the female BMW driver.

After all, she did make a lot of mistakes in that scene.

Turning the steering wheel too anxiously, using the accelerator as a brake, and turning on the wipers in a hurry...

This gave Zhang Wei a lot of room to play.

(End of this chapter)