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Chapter 370 Zhang Wei's Litigation Strategy

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 give up. There is no need to lose your character if you have no chance of winning."

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

Originally, they wanted to hire Zhang Wei as their agent to help with the lawsuit, but Zhang Wei pushed the matter aside considering his relationship with Jiang Bai.

Later I heard that they lost the lawsuit.

Unexpectedly, a few days later, he actually came to the door. Could it be that he wanted to appeal to me?

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

"New case?"

Zhang Wei blinked, with a look of confusion on his face.

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

Zhang Wei nodded expressionlessly.

It's normal to lose that kind of lawsuit.

Let alone the perverted pair of Jiang Bai and Luo Dazhuang, even if it were someone else, your chances of winning by extorting money would be very low.

"We were very depressed when we lost the lawsuit, but as soon as we walked out of the courtroom, we met the bailiff and gave us a summons."

Zhou Hongtao went on to say:

"That man surnamed Jiang actually sued our brother and sister! He, even if he didn't compensate us, he actually asked us to compensate for the depreciation of his house!"

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

Zhou Hongtao's eyes widened, his face turned 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 style"...

Zhang Wei almost laughed out loud.

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

Zhou Hongtao gritted his teeth and said: "My father is gone, and his body is still cold. The man named Jiang actually bullied others so much that he was so disturbed that he couldn't rest in peace. As a son, I definitely can't bear it!"

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

"Actually, I just want an explanation and an explanation. If someone dies, he can't die in an unknown way. He can't not bear all the responsibilities. There's no reason for that."

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

Is it such a punishment?

He had already guessed the next plot.

It's nothing more than seeking quarrels and provoking trouble.

If you leave this matter to ordinary people, they may not think of this, and even if they think of it, they may not really bother with it, but can Jiang Bai be an ordinary person?

This guy's style of life and work is actually very simple. To describe it in one sentence, it is "to stick to the mountains and never relax."

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

He doesn't cause trouble, but if someone sells swords to provoke him, then be prepared to pack up your personal belongings and go in to experience group life.

The upper limit is life imprisonment behind bars and the lower limit is five days in a detention center.

This time, they were lucky.

Picking quarrels and provoking trouble usually only results in a few days of detention.

Thinking of this, Zhang Wei said: "Do you want me to help with administrative review? It's not necessary. In fact, those who stir up trouble will only be detained for five days and seven days. It's just a change of environment and mentality, and you will gain wisdom after every experience."

"It would be nice if I could only be detained for a few days..."

Zhou Hongtao said with a bitter look on his face: "The police told us that our behavior has been suspected of the crime of provoking trouble, and it seems to be quite serious. He said that the sentencing may start from five years. We are also asking friends to help us.

He came out only after being released on bail pending trial, Lawyer Zhang, you have to help us."

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

"Five years?"

Zhang Wei's expression suddenly changed and he was stunned.

He quickly said: "What exactly is going on? Please tell me in detail."

"us……"

Zhou Hongtao and Zhou Hongtao began to talk about it one by one.

Although it was very confusing, it was a hammer here and a stick here and there.

But Zhang Wei still understood.

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

Zhang Wei was shocked.

Where are these two smart people playing a game of stacking buffs?

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

But Zhou Hongtao and the others superimposed the three buffs of "multiple people", "multiple times", and "seriously disrupting social order", and the sentence directly became more than five years and 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 losses and impacts caused were not great, and they did not even meet the standards for criminal punishment.

But there are three more layers of buff...

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

"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 uneasiness and expectation.

Under the gaze of the two people, 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 this? We have come all the way here because of your reputation. Don't be so pessimistic about us. Why are you so pessimistic?" Zhou Hongtao asked quickly.

Zhang Wei said: "Let me tell you this, based on what you just said, the crime of picking quarrels and provoking trouble is basically gone. All I can do is to try my best to help you get a reduced sentence within the scope of the law."

"No, what do you mean by that? Are you specifically trying to scare us into raising prices?" Zhou Yunan's face was full of disbelief.

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

"No, we don't mean that."

"Stop talking!"

Zhou Hongtao glared at Zhou Yunan fiercely, and then said: "Lawyer Zhang, since we are here to find you, we must believe in you, not only in your ability level, but also in your professional ethics."

"but……"

"I don't understand. You said we didn't kill people or set fires. We didn't have any physical conflict with anyone. At most, we just cursed the guy."

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

Zhou Hongtao tugged at his sparse hair in annoyance.

He couldn't understand it at all.

Why?

Was this law specially established for him alone?

Could it be that the police only serve him?

Why are you targeting yourself!

"Lawyer Zhang, we didn't intend to commit murder or arson, we just wanted an explanation from him, and we really didn't know that it was a crime..."

"Please save us. You said that we are just ordinary people. We do our duty honestly and never commit crimes. We did not intentionally commit crimes this time."

Zhou Hongtao begged hard.

Zhang Wei said calmly: "Mr. Zhou, from a legal perspective, your behavior did violate the crime of picking quarrels and provoking trouble, and because it was carried out by multiple people multiple times, it also caused a car accident, resulting in property damage and personal injury, and also disrupted

social order……"

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

"If the procuratorate initiates a public prosecution, the lawsuit request will probably last for more than five years."

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

Zhang Wei slowly shook his head: "I'm sorry, but in criminal law there is no such thing as an innocent person. If you violate the criminal law, you will have to bear the consequences."

"Let me reiterate, in your case, there is almost no chance of winning if you plead not guilty. If you ask me to represent you in this case, I will plead guilty and try to reduce your sentence."

"That's it."

Zhang Wei said it very simply and directly.

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

But that's the truth.

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

In this case, although the back-and-forth time between the two parties will be longer, the other party will be more likely to accept it psychologically and will be more likely to find Zhang Wei to represent the case.

But it's different now.

Zhang Wei wants to be famous and prestigious, and he wants to have prestige.

He doesn't need to "please" clients to get cases.

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

Punishment is punishment, no punishment is no punishment.

I won't beat around the bush with you.

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

He refused the previous case because Zhou Hongtao was the plaintiff at the time and took the initiative to extort money from porcelain.

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

Zhang Wei will not feel any psychological pressure at all when taking this case, nor will it affect his friendship with Jiang Bai.

after all……

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

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 these are countless sad stories.

After listening to Zhang Wei's words, the brother and sister Zhou Hongtao still couldn't accept it for a while.

But after struggling for a moment, I had no choice but to accept it.

Zhou Hongtao sighed helplessly, his shoulders slumped, and he said with an ugly face: "Lawyer Zhang, just do what you said. Please help us with this case and help us fight for a reduced sentence."

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

Zhang Wei smiled slightly, took out the contract and handed it to the two of them respectively.

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

Then, Zhang Wei started to take action.

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, etc.

Just listening to those two people talking nonsense made Zhang Wei feel unsure.

Once bitten, twice shy.

It would be dangerous if there were a few more mines buried inside.

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

You must save a hand.

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

I felt a little more at peace.

At least, these smart people did not make things irreversible.

There was no beating, smashing or looting, no violent physical conflict broke out, so he was not purely legally illiterate.

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

Of course, the most important thing is to start with those 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 refutation.

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

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

Therefore, the key to reducing the sentence lies in this car accident.

If the conclusion that "the car accident was caused by Zhou Hongtao and others provoking troubles" could be overturned, then the situation would 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 reviewed the videos before and after the car accident several times.

Press the pause button with a "pop" sound.

The scene freezes when the bottle of mineral water flying out of the 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 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 we divide the responsibilities, these two people are not responsible.

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

As for the specific classification, 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, with the driver of the car behind taking full responsibility.

The legal basis is Article 76 of the Road Traffic Safety Law.

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

In this accident, the car in front was temporarily parked on the side of the road, which did not violate any traffic laws and was not at fault. The car behind did not take correct measures when facing the unexpected situation, which was at fault, and it was this fault that directly caused the accident.

The occurrence of traffic accidents.

But this result does not mean that Ma Saner and others are blameless.

The correct approach to compensation for rights protection should be for the female driver of the BMW to compensate the Accord driver for his losses, as well as the passengers’ medical expenses and lost work expenses.

As for the damage to the BMW, the female driver can file a claim against Ma Saner and others.

This result is exactly what Zhang Wei hopes to see.

At least the traffic police team did not determine that there was a causal relationship between the behavior of Ma Saner and others and the traffic accident. Instead, more responsibility fell on the female driver of the BMW.

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

I was too anxious to turn the steering wheel, used the accelerator as the brake, and turned on the wipers in a hurry...

This gives Zhang Wei a lot of room to play.

(End of chapter)


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