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Originally Posted by manish7 The charge-sheet is sent to the court now by cops, and I have few questions -
(1) Do I need to give proper lawyer now at the time of charge-sheet hearing? Looks like it will be in a week's time now. |
Yes, you need a lawyer - and the court will be sending you a summons.
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(2) I have narrowed down choice to 3 lawyers now, one from Ichalkaranji (the case will be in Ichalkaranji court) and 2 from Kolhapur. The one in Ichalkaranji is through some family friend and I have met him personally and seems reliable. He's old though and not sure if he can understand IP address and all that.
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Stick to him right now - he had the local advantage. If need arises, you can change your lawyer any time.
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Another one from Kolhapur is also senior and is my friend's uncle - he also looks little lost about IP addresses & all that and how definite those records are. Both these lawyers are not criminal specialist, but do handle criminal cases as well. The third one is a professional criminal lawyer (but unknown) from Kolhapur - I haven't met him or spoken to him directly. Now I need to decide which lawyer I decide - none of them is quoting fees before reading the charge-sheet and I am not able to decide.
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200-500 per hearing is in the class of payments made to manual labour. Do not expect anything better from them. And all this talk about lawyers "specialising" in a subject is plain nonsense. Consider this situation - if a company's director violates a provision of the companies law (eg. not filing a return on time), and is prosecuted, will you consult a corporate lawyer, or a criminal lawyer?
Lawyers claim to "specialise" in a particular field only to impress clients; IMHO except for those "specialising" in ambulance chasing, there is no other speciality in law; and if anybody claims to be such a specialist, keep a barge-pole distance from him.
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(3) How much fees lawyers charge for such accident cases? I had read here that it's typically 200-500 per hearing. Is that true? The lawyers I am talking about are mentioning lump sum though. How much should I pay? All this money is my hard earned money & I have to spend it unnecessarily though it's not my fault! :(
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No option there. That is the amount you will pay a daily wage unskilled worker in Kerala. And expect to pay a lump sum amount at the time you engage him and also before the examination of witnesses starts. And another lump sum after you win the case.
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(4) Is it possible to dismiss case when charge-sheet is being read for the first time? In that case what preparation do I do?
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Yes; the court is supposed to hold a hearing; but things can get complicated here - depends largely on the outlook of the judge. The local lawyer will know the judge best; hence my advise to stick to a local lawyer.
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(5) What happens when charge-sheet is given or read? Does hearing start from that date or is first hearing date given at that time?
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Here is what is going to happen.
a. You are asked to appear on the day charges are going to be framed; you are all charged up, adrenaline rushing; and turn up at court right at 11 AM (guess that is the time courts begin their hearing). YOur lawyer had told you that he will be inside the court hall; and you have to wait outside, listening for the case to be called (you will be given a number, and asked to watchout for that number to be called).
2. On reaching the court, you find a crowd, three times the number of the court halls STANDING capacity inside the court hall; and 10 times that number outside the hall.
3. In 15 minutes, the crowd, the jostling, pushing and straining your ears would have taken its toll on your psychology.
4. You suddenly find YOUR lawyer looking at you and gesturing why you are not in the accused box yet. (you did not realise that your case is being called).
5. You find people making way for you, you get into the accused box, and the judge mumbles something.
6. You hear the words "Are you guilty" - most probably in Marathi - very loud and clear.
That, my dear, is what is called "reading over the charges" means.
Once, and (if) you plead not guilty, case would be adjourned (it is 1 year in Ernakulam - yes, you read that right) and will be called again. The trial schedule will be fixed on that day; or on any day to which the case adjourned later. Do not expect witnessess to be examined within 3 years of the case being filed (from date the charge sheet was filed). Hearing / arguments takes place after the witnesses are examined.
Expect to take leave 5 to 10 leaves a year to attend to this case. <sarcasm> You can drive down on each occassion, and update us about the road conditions.</sarcasm>
Is it frustrating?