Como acompanhar o cliente na delegacia?

Summary

In this video, criminal lawyer Mariana Leite addresses the common concern of new attorneys on how to safely accompany clients to the police station. She emphasizes the importance of understanding the client's situation, verifying if there's a risk of arrest, and taking necessary precautions. Mariana advises checking court records for any arrest warrants and communicating honestly with clients about potential risks. She stresses the need for thorough preparation and professional responsibility to ensure clients' rights are protected.

Takeaways

• 😀 The video script discusses the concerns of criminal defense lawyers, especially beginners, regarding accompanying clients to the police station.
• 👮‍♀️ Lawyers are not law enforcement officers; their role is to defend the rights and guarantees of their clients.
• 📞 When a client calls about being summoned to the police station, the lawyer should first ask for a copy of the summons to understand the context.
• 🗓️ It's crucial to reschedule the client's summons to a later date to allow time for proper preparation and investigation.
• 🔍 Before accompanying the client, the lawyer should verify if there are any arrest warrants or requests for detention against the client.
• 🏢 The lawyer should visit the police station to review the case files and understand the reasons for the client's summons.
• 🤝 Engaging with law enforcement and understanding their approach is essential for strategic client representation.
• 🚫 The lawyer must be cautious and honest with the client, even if no immediate risks are identified, as the situation can change rapidly.
• 📝 Checking with the CNJ (National Council of Justice) database and judicial systems for any pending arrest warrants or detention requests is a critical step.
• ⏰ The lawyer should always inform the client of the potential risks, even after taking all necessary precautions, and not guarantee that they will leave the police station without being detained.

Q & A

What is the main concern of criminal lawyers when accompanying a client to the police station?

The main concern is ensuring the client's safety and preventing them from being wrongfully detained or arrested.

Why is it important for a lawyer to verify the reasons for their client being summoned to the police station?

Understanding the reasons helps the lawyer to prepare a strategy, assess the risks of the client being detained, and defend the client's rights more effectively.

What should a lawyer do when a client calls them about being summoned to the police station?

The lawyer should ask the client to send a photo of the summons to understand the details of the case and the responsible authority.

Why is it crucial for a lawyer to reschedule the client's appearance at the police station if they have a prior commitment?

Rescheduling allows the lawyer to prepare adequately, gather necessary information, and ensure they can provide proper representation without being rushed.

What steps should a lawyer take before accompanying a client to the police station?

The lawyer should visit the police station beforehand to review the case files, understand the evidence against the client, and check for any existing arrest warrants.

How can a lawyer check for any existing arrest warrants for their client?

The lawyer can check the CNJ's database for any outstanding arrest warrants using the client's full name, mother's name, father's name, and CPF.

What is the significance of checking the judicial system for any requests for the client's arrest?

This check helps the lawyer to be aware of any pending legal actions that could lead to the client's arrest and to prepare a defense strategy accordingly.

Why should a lawyer be cautious even after taking all necessary precautions before accompanying a client to the police station?

The situation can change rapidly, and there might be undisclosed arrest warrants or intentions by the authorities that could lead to the client's arrest.

What advice does Mariana Leite give to lawyers about communicating with their clients regarding the risks of arrest?

Mariana Leite advises lawyers to be honest and transparent with their clients about the risks, even if it might lead to the client choosing a different lawyer.

What should a lawyer do if they find an existing arrest warrant for their client?

If an arrest warrant is found, the lawyer should discuss the next steps with the client, which may include seeking additional legal advice or taking other protective measures.