ATTORNEY-AT-LAW
Sergei N.
Vinokurov
 
 
                                                                                   
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 The attorney provides legal assistance on various issues and disputes in the areas of contract law, bargains and bankruptcy, and conflict of laws. The attorney gives legal advice related to the preparation of various contracts, bargains and disputes in courts of general jurisdiction courts  and arbitration courts.

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Detention or arrest is the most common measure in Russia. She is also very strict, after all, arrested on charges of committing a crime falls into the difficult and sometimes terrible conditions of domestic detention facilities, IVS or insulators of FSB.

In fact, after the detention of a person does not have any rights, and he is in complete isolation from society. Unfortunately, for the accused, the vast majority of investigators, initiating a criminal case, then try to do everything possible that the person was arrested. Such motives of law enforcement is easy to understand.

In fact, after the detention of a person does not have any rights, and he is in complete isolation from society. Unfortunately, for the accused, the vast majority of investigators, initiating a criminal case, then try to do everything possible that the person was arrested. Such motives of law enforcement is easy to understand.

Any investigator is interested only in a guilty verdict for his defendant, therefore, he will try to do everything possible so that the prisoner could not in any way affect the progress of the investigation in their favor. Maximum isolation in jail, this extremely helps.

According to part 2 of article 22 of the Constitution of Russia to arrest the defendant can only court. However, in deciding the judge is guided by the documents that he to his application making it the investigator or the investigator. Is the decision about excitation of criminal case and attraction as accused, the interrogation protocols of the accused, and often copies of the materials of the criminal case that contain proof of fault and information indicating the need for isolation.

In the vast majority of cases in these documents, the investigators tried to describe the accused with the most negative aspects, completely ignoring the materials of a different nature. Of course the judge's decision, which reads such documents that have an accusatory, it becomes apparent not in favor of the accused.

Can save the situation only a professional criminal lawyer. To a judgment the person may be detained for a period not exceeding 48 hours. Even in this short period of time, competent counsel will be able to find evidence, gather documents, and prepare a position so that arguments to destroy the notorious accusatory bias of the investigating authorities or investigative bodies.

In their petitions, law enforcement agencies generally indicate that the suspect may evade criminal prosecution, will continue to engage in criminal activities, will threaten witnesses or destroy evidence in the case. Or the investigators just do not indicate the necessity of application of part 1 of article 108 of the code of criminal procedure, according to which - for a felony, punishable by imprisonment for more than 3 years old, there is arrest.

But, even in such a situation only a professional lawyer can competently argue the possibility of electing another preventive measure not connected with imprisonment. Only, thanks to the work of competent counsel, you can achieve instead of the terrible conditions of the prison, house arrest, house arrest or bail.

If the judge decides in favor of the defendant, it is the first and important step on the way to an acquittal, or sentence with a minimum sentence.

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Attorney Sergei Vinokurov. All rights reserved.
 
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