Lawyer's character

"I have a friend. She is in some trouble and wants to consult with you." Sister Lan said.

"Okay, where can we meet?" Fang Yi asked. Today is Sunday and the law firm is closed. He doesn't have the key to the firm and can't get in.

"You take a rest in the morning and adjust yourself. I'll make an appointment to meet you at three in the afternoon. Come to Yunwu Tea House. I'll send you the address later." After saying that, Sister Lan hung up the phone.

After hanging up the phone, Fang Yi threw himself on the bed and fell asleep.

2:50 pm, Yunwu Tea House.

Fang Yi has been thinking about it since he walked into Yunwu Tea House. Don't we usually have appointments in teahouses? No matter how bad it is, I have to book a private room. Why did I book a tea place?

Yunwu Tea House is really a tea house. It is located on the ground floor of a residential building. When you open the thick cotton curtain, you can immediately smell the aroma of tea.

After Fang Yi entered the door, he stood at the door and looked inside. A little girl, about 18 or 19 years old, looked very festive came towards him: "Hello, what kind of tea would you like to buy?" Her voice was nice. , a bit like a lark.

"Sorry, I'm looking for someone. We made an appointment to meet in the store at three o'clock." Fang Yi said apologetically. Does a place where they sell tea allow people to sit down and talk? Unless the person talking about it is...

While he was thinking wildly, the little girl smiled and said, "You are Lawyer Fang! Please follow me."

Fang Yi agreed and followed the little girl to the back. The area in the back was not large, and there was a teahouse converted from a house of about 12 to 13 square meters. There is a locked door opposite the tea room, which is probably a warehouse or something.

In the tea room at this time, Sister Lan was chatting with a woman while drinking tea.

The woman was about in her early thirties, with big eyes, skin like snow, and long hair on the back of her head. She showed an indescribable charm between her frown and her smile.

"Lawyer Fang, come quickly. We are just talking about you." Seeing Fang Yi being brought in, Sister Lan stood up and greeted. The woman also stood up, smiled and nodded at Fang Yi.

"Sister Lan, I'm not late!" Fang Yi saw that Sister Lan had arrived and subconsciously looked at the time on his phone.

"The time is just right, you are punctual. Come on, let me introduce you. This is Yunmei, my good friend and the owner of Yunwu Tea House.

Xiaomei, this is the lawyer Fang I mentioned before. Lawyer Fang is very professional. If you have anything to ask, you can ask directly. You don’t have to hide it. It’s all one of our own. "Sister Lan introduced.

"Hello, my name is Yunmei. I am the owner of a small tea shop." Yunmei extended her hand generously.

"Hello, my name is Fang Yi. I am a young lawyer." Fang Yi took two steps forward, came closer and shook hands.

After saying that, the two looked at each other and smiled!

When Fang Yi saw Yunmei, he suddenly remembered a poem about plum blossoms written by Wang Anshi in the Song Dynasty: There are several plum blossoms in the corner, Ling Han blooms alone, and he knows it is not snow from a distance, because there is a faint fragrance.

Yunmei's temperament is very similar to that of plum blossoms, modest, gentle, and proud.

"Okay! Stop being modest, both of you, and sit down and chat." Sister Lan said carelessly: "Lawyer Fang, I invite you here this time for Xiaomei's sake, so let her talk to you."

Fang Yi hummed and looked at Yun Mei: "Mr. Yun, if you need advice on anything, you might as well just say it."

"Well, actually it's not my business, it's my brother's business..." Yunmei poured a cup of tea for Fang Yi and told her what she wanted to consult.

Yunmei's biological uncle has a son named Yunhai. Two years ago, Yunhai and his wife Shui Dan divorced by agreement due to emotional discord. At that time, they had a house. When they divorced, Yunhai gave the house to his wife Shuidan and went through the transfer procedures.

Later, Yunhai regretted it and wanted to go back to the house, but Shuidan refused. Yun Hai pried open the door many times, entered the room and refused to leave. Shui Dan tried to dissuade him, but Yun Hai dared not to do so despite repeated admonitions. Shui Dan called the police in desperation.

Yunhai was sentenced to administrative detention and a fine by the public security agency. However, Yunhai still refused to repent and forced the door open again to enter the room. He was later captured by the public security agency. The court sentenced him to one year in prison for illegal intrusion into a residence.

After Yunhai was released in the middle of this year, Yunmei arranged for him to help in the store, but who knew that he hated Shuidan and used his off-duty time to find Shuidan again.

At this time, Shui Dan had already married someone else. Yun Hai saw that the young couple lived in the house and lived a happy life. He felt jealous. Regardless of Shui Dan's warning and obstruction, he broke into the house and had a conflict with Shui Dan's husband. Shui Dan Upon seeing this, he immediately called the police.

After an injury assessment, Shuidan's husband had multiple soft tissue injuries on his body, which were minor injuries, and Yunhai did not commit the crime of intentional injury. However, the police still detained Yunhai on charges of illegal intrusion into a residence, and he is now in a detention center.

"My little brother...hey! He was sentenced once before for breaking into a private house, but he didn't have a long memory and made the same mistake again.

I consulted several lawyers before, and some said it was impossible to get a suspended sentence. Some lawyers said that as long as we get a letter of understanding from the woman, there is still a chance for a suspended sentence.

Lawyer Fang, do you think my brother has any chance of being sentenced to probation? Yunmei asked, frowning.

"I think it's unlikely." Fang Yi thought for a while and said.

"Why? I really can't spend any money..." Yunmei said with an anxious look on her face.

"Technically speaking, your brother will most likely be sentenced to a fixed-term prison sentence for this crime. If this is the case, less than a year has passed between this crime and the last time he was sentenced and released, and he has become a recidivist.

The criminal law has special provisions for recidivists, who must be severely punished. I'm afraid your brother's sentence will be longer this time than before. "Fang Yi said.

"Recidivist?" Yunmei looked puzzled.

"Let me explain to you: Article 65 of the Criminal Law stipulates that if a criminal who has been sentenced to a fixed-term imprisonment or a penalty of not less than a fixed-term imprisonment or more, and after the execution of the penalty or pardon, commits another crime within five years that should be sentenced to a fixed-term imprisonment or a penalty of not less than a fixed-term imprisonment, it is Repeat offenders shall be severely punished, except for negligent crimes and crimes committed by persons under the age of 18.

That is to say, if two intentional crimes were committed twice, with an interval of less than five years, and both were sentenced to fixed-term imprisonment or more, it constitutes a recidivist and must be severely punished.

Going back to your brother’s case, he fits the profile of a recidivist, so the court will most likely impose a longer sentence this time than before.

But your brother only illegally invaded the house and did not do anything else that violated the criminal law. I personally think that the sentence will not exceed two years, but it will most likely be longer than one year. "Fang Yi said.

"That's it!" Yunmei was stunned, and a sense of sadness surged into her heart: "This means that my brother will definitely still have to go to jail. It is impossible to get a suspended sentence and be released."

Fang Yi didn't speak, just nodded.