The day I become a jailer
Hey guys! How are you? Today this post marks the beginning of the pleasurable engagement I will have with you every Wednesday of the week.
Now let’s get down to what matters, which is the article with that theme.
The day I become a jailer
One day, as a young lawyer, I was contacted by a client to accompany him to a certain police station, because he would have been summoned and did not want to go alone.
Well, I closed values with the client and before the day of the subpoena, I went to the police station to know the facts. Upon arriving at the police station, I spoke directly to the authority that had summoned him to have access to the inquiry.
It turns out that this authority, very politely, informed me that there was no inquiry yet, that my client would answer some questions and that, without a doubt, there was no warrant.
Well! As a career starting lawyer I trusted and took my client on the day and time combined.
We sit in the chair waiting a long time until the Authority comes and calls us.
As we sit down, authority takes a surprise paper out of the purse: a warrant of arrest against my client. And now, what to do in this situation? Your client looks at you and feels bad, what to do? The sense of helplessness is gigantic, and the cowardice of authority was without size.
I say cowardice because you should tell me the existence of the warrant and not lie in my face stating that it did not exist.
My client’s jailer
Cowardice even more because the authority knew my client’s address very well. Why did not you go through the warrant in your house? Why did this lawyer, still with a face again, have to be a jailer?
Well folks, I want to alert the new lawyers and students that everything you’ve seen in theory is quite different from practice.
Of course there are great professionals in the police stations, but they always have the bad professionals who sadly sadden. Likewise it exists in law.
What’s more, what is worse is that a Police Officer graduated in law and should understand the right of the criminal lawyer, who chose a different path, but does not cease to be a colleague by profession.
But be warned: DO NOT PANIC and, A priori, DISCONFIRM.
Avoid to the extent that such a situation happens to you. Do you know how?
Make federal law enforced, see and keep in your mind, cell phone or agenda the art. 7, XIV of Law 8,906 of 1994, as follows:
The rights of the lawyer are:
XIV – to examine, in any institution responsible for conducting investigation, even without power of attorney, indictments and investigations of any nature, completed or in progress, even if conclusive to the authority, being able to copy parts and take notes, in physical or digital media;
Only with one caveat: in proceedings under confidentiality you, as a lawyer, must present the power of attorney to the authority, that is, to the Delegate in the case of a police investigation, or to the Promoter, when the investigation is presided over by the Public Prosecutor.
However, even if you are not able to see the investigation, you are aware that a constitutional right is being violated and the solution is the imprisonment of the writ of mandamus to have access to all the documents and information contained in the police investigation. And take the case to the knowledge of the corregedoria.
Finally, having access to the survey becomes clearer and you can pass on the situation to your client explaining everything that exists against him.
And, if it is the case of a well-founded fear of occurrence of imminent offense to the freedom of movement of its client, it is possible to impetration of the preventive habeas corpus.
Anyway! I hope I have helped each of you a little.
And NEVER forget your RIGHTS as advocates and DO EVERYTHING so that every WORD of your prerogatives is actually fulfilled.
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