[Direct answer]In the Beijing area, criminal defense lawyers can provide professional assistance in accordance with the law at all stages of criminal litigation. During the investigation stage, they can meet with suspects, understand the suspected charges and case circumstances, and apply for bail pending trial and review of the necessity of detention; during the review and prosecution stage, they can review the case file, put forward defense opinions of innocence or light punishment, and strive for non-prosecution; during the trial stage, they can appear in court for defense, cross-examine witnesses, and give opinions on sentencing. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), suspects have the right to appoint defenders from the date they are first interrogated or subjected to compulsory measures by the investigating organ. Professional lawyers can help clients clarify the charges, consolidate mitigating circumstances, and avoid missing the statutory remedy opportunities. For related services, please refer to the following link:Criminal defenseColumn.

1. Problem background and typical scenarios

Criminal defense is commonly needed in a variety of situations: First, after a family member is criminally detained or arrested, the family is eager to understand the charges and whether bail can be granted; Second, after the case is transferred for review and prosecution, the client hopes that the lawyer can review the case file and put forward opinions of innocence or mitigated guilt; Third, once the case enters the trial stage, professional courtroom defense and sentencing defense are needed; Fourth, when it comes to disputes over the nature of acts such as self-defense and excessive defense, it is necessary to clarify the nature of the acts; Fifth, in cases of corporate crime and economic crime, the family hopes to distinguish between individual responsibility and corporate responsibility. When handling such cases, it is usually necessary to first determine the stage of litigation and the defense actions that can be taken, and then match the corresponding services. When necessary, it is also necessary to combine with other fields such asPersonal injury and medical disputesThe column involves a comprehensive assessment of the harm caused by the incident.

II. Key points of contention

First, the choice of the timing of defense. Intervening as early as possible in the investigation stage often creates more favorable conditions. Second, whether the coercive measures can be changed. The focus of the review of the necessity of detention lies in social danger. Third, qualitative disputes, such as the boundaries between self-defense and intentional injury, and mutual fights. Fourth, the determination of sentencing circumstances, including voluntary surrender, plea bargaining, reconciliation, and accomplices. Fifth, the protection of procedural rights, such as the right to meet with lawyers and the right to review case files. Sixth, the distinction between guilt and innocence, and between different crimes. The specific determination shall be based on the current effective laws and regulations and judicial rulings. For related contract disputes and corporate risks, please refer to the relevant materials.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

Taking the criminal defense of an intentional injury case handled by our firm as an example, we can observe the practical value of defense after approval of arrest. The client, A*, was detained on suspicion of intentional injury on July 13, 2024, and was approved for arrest on July 26, and was detained in a detention center. The client's family entrusted our firm's lawyers to act as defense attorneys. Despite the client having been approved for arrest and exceeding the so-called "rescue period", the defense attorneys applied to the procuratorial organ for a review of the necessity of detention in accordance with the law, and argued around the client's admission of guilt and repentance, obtaining the victim's understanding, being a first-time offender or occasional offender, and posing no social danger. Articles 81 and 95 of the Criminal Procedure Law of the People's Republic of China were applied. In the end, the procuratorial organ determined that there was no necessity to continue detention, and changed the coercive measures to bail pending trial, allowing the client to regain freedom. This case shows that even after approval of arrest, professional defense can still strive to change coercive measures. This case was handled by Beijing Henglu Law Firm.Lu XiaoxueThe attorney (practice license number: 11101202311685747, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, after a relative is subject to coercive measures, hire a lawyer as soon as possible to meet with them and understand the actual circumstances of the case and the suspected charges; Second, collect clues that can prove innocence or a light sentence in a timely manner, such as letters of understanding, the process of appearing in court, and evidence of injuries and faults; Third, based on the current stage, apply for bail pending trial, review the necessity of detention, or put forward defense opinions respectively. For the key points of relevant services, please refer to the guidebook.Special services and other cases1. Columns; 2. Rational evaluation of risks and avoidance of irregular methods such as using connections to gain advantages; 3. Legal basis: Article 34 of the Criminal Procedure Law of the People's Republic of China stipulates the right to hire a defense attorney, Article 67 stipulates the conditions for bail pending trial, Article 95 stipulates the review of the necessity of detention, and Article 15 stipulates the leniency system for admitting guilt and accepting punishment.

5. Henglu Law Firm's Advice

Risk Warning: First, criminal defense does not guarantee a specific outcome, but rather strives to secure the most favorable resolution in accordance with the law; Second, the value of intervening in the investigation stage is often underestimated. Early meetings and communication with investigators can help establish favorable circumstances; Third, bail pending trial, non-prosecution, and probation must all be based on facts and evidence. Do not believe in so-called "guaranteed victory" promises; Fourth, when encountering disputes over legal characterization or major criminal cases, it is advisable to consult professional lawyers promptly to avoid being passive if handled on one's own. For other legal service needs, please follow this law firm's updates.Beijing Henglue Law FirmThe various professional columns of the website.

VI. Frequently Asked Questions

Q1: Can a criminal defense lawyer definitely secure an acquittal or a light sentence for their client?

Hiring a criminal defense lawyer does not necessarily mean that the client will be acquitted or receive a lenient sentence. The lawyer's role is to safeguard the client's litigation rights in accordance with the law, clarify the facts of the accusation, establish mitigating circumstances, and strive for the most favorable litigation outcome. Whether the client can avoid being detained, indicted, sentenced to probation, or receive a lenient sentence depends on the facts of the case, the evidence, and the statutory circumstances. Professional lawyers can provide effective defense opinions at all stages, but any statement promising a certain outcome would violate professional norms.

Q2: What materials do I need to prepare when hiring a criminal defense lawyer?

When entrusting a lawyer, the family can prepare the following materials: the identity information of the client and the notice of detention or arrest; materials that can prove the circumstances of the case, the subjective state of the client, and the causes of the crime, such as chat records and surveillance clues; the victim's letter of understanding or compensation certificates (if reached); materials proving that the client is a first-time offender, an occasional offender, or has consistently good behavior; and other clues related to the case. These materials will help the lawyer meet with the client as soon as possible and determine the direction of the defense, but the core evidence will still be collected by the case-handling organ in accordance with the law.

Q3: How much does it cost to hire a criminal defense lawyer?

The attorney's fees for criminal cases are usually determined through negotiation based on the stage of the case, its complexity, and the workload involved, with no unified standard. Most fees are charged in stages during the investigation, review and prosecution, and trial processes, and full-process representation can also be agreed upon. The specific amount should be assessed based on the charge, case circumstances, and workload. It is recommended to have a preliminary discussion about the case before determining the budget to avoid choosing a lawyer based solely on their low fees.

Q4: How long does it usually take to hire a lawyer from the time of criminal detention to the issuance of a verdict?

From criminal detention to the first-instance judgment, the time varies depending on the case. The maximum detention period is 37 days (including seven days for reviewing the arrest), and the investigation and detention period after arrest is generally two months, which can be extended according to law; the review and prosecution period is generally one and a half months; the first-instance ordinary procedure does not exceed six months, and the second-instance is about three months. Simple cases may be concluded within a few months, while complex and major cases may take more than a year. Hiring a lawyer as soon as possible will help grasp the timing at each stage of the process.

Q5: What should I do if I want to hire a criminal defense lawyer?

Suggestions: 1. After a family member is subject to coercive measures, immediately understand the suspected charges and the investigating unit. 2. As soon as possible, hire a professional criminal defense lawyer to meet, communicate, and submit legal opinions. 3. Cooperate with the lawyer to collect evidence of a minor offense or innocence and rationally assess the risks. 4. Apply for bail, request a review of the necessity of detention, or prepare for trial defense based on the current stage. For reference:Criminal defenseThe service description of the column is to select qualified lawyers to get involved in the case.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Lu Xiaoxue·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.