Lawyer's character
Chapter 996 It’s so annoying!
"Ms. Zhang, your husband told the story of the case yesterday, but now I don't know what evidence the police have.
In judicial practice, the circumstances in which the perpetrator causes a traffic accident while driving under the influence of alcohol are relatively complex and qualitatively involve crimes such as traffic accidents, endangering public safety by dangerous means, intentional homicide and other crimes.
Although in terms of causation, drunk driving caused the death of the victim, the conviction and sentencing may vary depending on the specific circumstances of the case.
Regarding such cases of drunk driving causing death, in judicial practice, the general principle is: if the perpetrator has a laissez-faire attitude towards the victim's death, it constitutes intentional homicide; if the perpetrator has a contrary and negative attitude in terms of will, it constitutes intentional homicide. Traffic accident crime.
The characterization of your husband's case mainly depends on the determination of your husband's subjective guilt.
In this case, after your husband knocked down the victim, in order to escape the scene, he hit, ran over, and dragged the victim with his car, causing the death of the victim. Because his behavior was continuous and happened while he continued driving, and you My husband was driving under the influence of alcohol, and his recognition and control abilities are affected by alcohol to varying degrees. Whether he could recognize that a traffic accident occurred and that he hit, crushed, and dragged the victim while continuing to drive is difficult to determine. affect the characterization of his behavior.
We believe that for your husband’s situation, it is necessary to comprehensively analyze his subjective state of will based on the specific circumstances of the traffic accident, the perpetrator’s degree of drunkenness, the environment at the scene and other factors.
Therefore, we dare not make any judgments about your husband's crimes now. "
Meng Guangda used the old professor's style of teaching students and talked about various possibilities. Zhang Fangfang was confused after listening to it, but this did not prevent her from thinking that Meng Guangda was very professional and trustworthy.
Because Meng Guangda had already been blown away by Dabao, she read Meng Guangda's cases and reports and had already preconceived ideas.
Yu Wendong sat aside and sighed secretly: Master's old habit has happened again, why are you so detailed? The other party couldn't understand it at all.
"Then...Lawyer Meng, what should I do?" Zhang Fangfang had tears in her eyes and had no idea at the moment.
"Ms. Zhang, since the case is currently in the investigation stage and we cannot see the case file, I still recommend yesterday that we go to the victim's family first and talk about compensation. Try to get a letter of understanding. This will have some impact on Mr. Hu's sentencing. Benefits. This is what we can do at the moment," Meng Guangda said.
"Lawyer Meng, if I entrust this matter to you two, how much legal fees do you think it will cost?" Zhang Fangfang felt a little guilty. She did not dare to meet the victim's family at this time for fear of being beaten.
"Do you mean to entrust us to negotiate compensation and obtain a letter of understanding, or to entrust us to handle the case?" Meng Guangda asked with a flash in his eyes.
"Can these two items be entrusted together?" Zhang Fangfang looked at Meng Guangda and Yu Wendong. She was very confused now.
"Yes, no problem. But these two items will be charged separately." Meng Guangda said.
"Okay, tell me, how much does it cost?" What Zhang Fangfang was thinking at this time was, give money to whoever can handle the matter. If money can be used to solve the problem, it's best not to come forward. It's too annoying!
"No problem. Let's negotiate compensation. The lawyer's fee is 50,000 yuan. For the entrusted case, the first-instance lawyer's fee is 150,000 yuan. A total of 200,000 yuan." Meng Guangda made a quotation.
"What kind of effect can be achieved?" Zhang Fangfang asked.
"It's hard to say. If Mr. Hu is really guilty of intentional homicide, we will try our best to save Mr. Hu's life. But we can't give you any guarantee. This is the requirement of the law firm and the regulations of the Lawyers Association." Meng Guangda thought for a while.
After he and Yu Wendong analyzed the case, they felt that Mr. Hu was very likely to be guilty of intentional homicide, and there were not many defense points in this case. However, Mr. Hu had taken the initiative to surrender. If he got the letter of understanding again, he would receive a reprieve from death. The possibility is very high, maybe we can fight for no time limit.
"Okay. But I have one condition. Lawyer Meng, you have to handle Lao Hu's case personally." Zhang Fangfang felt that since she was interested in Lawyer Meng's reputation and professional ability, she would naturally have to handle the case in person.
Zhang Fangfang was still very efficient in handling matters. When Meng Guangda nodded in agreement, he immediately signed the entrustment procedures and paid the lawyer's fees.
"Master, are we really going to talk about compensation?" Yu Wendong felt a little conflicted. He had never done this before, and he didn't know if the victim's family would send him to the hospital.
"We've already agreed to it, what should we do if we don't go?" Meng Guangda looked at him and said, "As for you, first inquire about the situation in the victim's home and see if you can find an intermediary to communicate and explore the other party's attitude.
If Dabao is willing to do it, as long as he can get the letter of understanding back, I won't take any of the fifty thousand yuan. I don't care how you two divide it. Get things done. "
Meng Guangda knew that Dabao was more slippery than Yu Wendong, so he was suitable for this job. If Dabao could do it, he would be happy and free. Anyway, the meat would rot in the pot and not enter other people's mouths.
Lao Meng doesn't have to worry about cases now, but who doesn't like having too much money? Having a stable source of cases is a good thing, so he is willing to give up some of his benefits.
Even if Yuwendong gets a lawyer's license in the future, he is not afraid, because Yuwendong is not well-known when he gets the license, and his professional ability needs to be further improved. Dabaola's clients still have to use his Lao Meng signature, so at least in the next two or three years, Yuwendong will need Work with yourself.
"Okay. I'll go and ask." Yu Wendong had no other solution, so he had to do this.
In the evening, Yu Wendong made an appointment with Dabao for dinner, and during the dinner he explained Meng Guangda's meaning.
"You mean you can get money for helping Mr. Hu get the letter of understanding, is that right?" Dabao thought for a while and asked with bright eyes.
"Yes, if you are willing to participate, I can tell my master and we will talk." Yu Wendong saw Dabao's little thoughts.
"Okay! You first ask Lawyer Meng how much money he can give us." Dabao wondered if he should just negotiate compensation. With his sharp tongue, he felt that the problem was not big.
“My master’s exact words were: Whoever gets the money belongs to him, and in principle he won’t keep any of it.
I have a template for the letter of understanding. What I mean is, if this thing can be done, after deducting taxes and fees, come up with the money and leave 5,000 yuan for cigarettes and alcoholic beverages to my master, and we will share the rest equally, how about that? Yuwendong asked, holding up the beer glass.
"No problem, just do it. Give me your address and contact information, and I'll ask about the situation first." Dabao patted his thigh and said.
Early the next morning, Sui Xia was at the workstation handling the work assigned by Fang Yi, and Yun Qiao pouted and sat down on the workstation.
"Xiao Qiao, what's going on?" Sui Xia paused typing on the keyboard and turned to look at her.
"I went to a training session yesterday, which was for young lawyers. I thought I would talk about some experience in handling cases, but..." Yun Qiao said angrily.
"What did you say?" Sui Xia felt a little strange. (End of chapter)
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