[Direct answer]In the Beijing area, after a family member is detained criminally, although the family cannot directly meet with them, they can take a number of actions according to law: promptly obtain the detention notice, understand the suspected crime and the case-handling unit; hire a lawyer for the client, who can meet with them according to law, understand the case and apply for a change in coercive measures; prepare materials that can prove the crime is minor and does not pose a social danger, such as letters of understanding and the process of appearing in court; avoid illegal acts such as destroying evidence or interfering with testimony. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), a criminal suspect has the right to appoint a defense attorney from the date of their first interrogation or the date of the adoption of coercive measures. Early intervention can help grasp the opportunity for defense. For related services, please refer to the following link:Criminal defenseColumn.
I. Problem Background and Typical Scenarios
After a loved one is detained by the police, family members often fall into panic. Typical situations include: first, they only receive a notice but do not know the charges or the detention location; second, they are eager to see the detainee but cannot meet them on their own; third, they worry about not being able to secure bail; fourth, they have some clues about the case but don't know how to submit them; fifth, they fall for the scam of believing that connections can help get the detainee released. The rational approach is to hire a professional lawyer as soon as possible, who will meet with and communicate with the detainee according to the law and submit legal opinions, and, if necessary, combine these actions with other measures.Special services and other casesUnderstand the special service process through this column.
II. Key points of contention
Focus One: The implementation of the right to meet. Only defense lawyers are allowed to meet with the suspects according to the law, and family members are not allowed to meet with them privately. Focus Two: Whether the compulsory measures can be changed. The conditions for bail and the assessment of social danger are the core issues. Focus Three: The fixation of minor criminal circumstances, such as voluntary surrender, plea of guilty, and reaching a settlement with the victim. Focus Four: Whether the suspects constitute a crime or the circumstances are significantly minor. Focus Five: The boundaries of family members' behavior to avoid interfering with the testimony. Focus Six: The quantitative threshold and qualitative determination of new types of cases such as cybercrime. The specific identification shall be based on the current effective laws and regulations and judicial rulings. Relevant injury facts can be referred to for reference.Personal injury and medical disputesThe column explains how to determine the severity of an injury.
III. Professional analysis by Henglue Lawyers
Taking the defense of a case of disseminating obscene materials handled by our firm as an example, we can observe the defense space during criminal detention. In May 2026, C* was criminally detained for reposting and publishing three obscene videos on a forum, which were viewed approximately 5,000 times and downloaded about 1,000 times, without any profit-making. His family entrusted our firm's lawyers to handle the case. The lawyers immediately met with C* to verify the number of posts, their content, motives, and the circumstances of his appearance in court. They confirmed that he was a first-time offender, had surrendered voluntarily, admitted his guilt, and accepted the punishment without seeking profit. The lawyers then submitted a "Legal Opinion on Bail Pending Trial" to the investigating organ, arguing from two perspectives: the threshold for criminal conviction was not met and there was no social danger. According to relevant judicial interpretations, only when the number of non-profit-making obscene video files exceeds 40 can the perpetrator be convicted and punished. In this case, there were only three files, so he should not be deemed a criminal. On June 24, 2026, the investigating organ made a decision to grant bail, and the client regained his freedom. This case shows that timely intervention and accurate argumentation during criminal detention may help secure bail within about a month. This case was handled by Beijing Henglu Law Firm.Shang JiangpengAttorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acting as an agent.
IV. Practical suggestions and legal basis
Action suggestions: First, immediately record the suspected charges, the case-handling unit, and the detention location after receiving the detention notice; Second, as soon as possible, hire a lawyer to meet with the client to understand the true circumstances of the case and the client's statement; Third, collect and submit materials that mitigate the client's guilt, such as letters of understanding, compensation certificates, and explanations of the client's appearance in court. The key points of relevant documents can be referred to for reference.Beijing Henglu Law Firm1. The description of the columns on the official website; 2. It is strictly prohibited to destroy evidence, threaten witnesses, or use connections to avoid committing other crimes; 3. Cooperate with lawyers to apply for bail pending trial or review of the necessity of detention; 4. In terms of legal basis, Article 34 of the Criminal Procedure Law of the People's Republic of China stipulates the right to appoint a defense attorney, Article 67 stipulates the conditions for bail pending trial, and Article 79 stipulates the conditions for arrest and the review of social dangerousness.
5. Henglue Law Firm's Reminder
Risk Warning: Firstly, family members cannot meet with the detainee on their own. The only legal way to do so is to appoint a defense lawyer. Secondly, within 37 days after the detention, it is a crucial period to apply for refusal of arrest and bail. Action should be taken as soon as possible. Thirdly, so-called "using connections to bail out people" is often a scam, and it must be handled through formal legal procedures. Fourthly, there are often quantitative thresholds for new types of cases such as online pornography and fraud. Professional arguments may change the nature of the case. For cases involving personal injury identification, reference can also be made to relevant provisions.Personal injury and medical disputesColumn.
VI. Frequently Asked Questions
Q1: If a family member is detained by the police, can hiring a lawyer immediately lead to their release?
Hiring a lawyer does not guarantee immediate release, but it can enable the lawyer to meet with the client according to law during the criminal detention period, understand the case, and submit opinions on bail or the necessity of detention review, significantly increasing the possibility of changing the coercive measures. Whether to release the client depends on the facts of the case, evidence, and statutory conditions, rather than the lawyer's unilateral decision. The value of professional lawyers lies in fixing favorable circumstances as early as possible and grasping the critical period of 37 days.
Q2: What materials should family members prepare during the period of criminal detention?
The family members can prepare the following materials: the detention notice, confirming the charges and the case-handling unit; the identity information of the defendant; materials that can prove the defendant's minor crime or lack of social danger, such as letters of understanding, compensation certificates, statements of appearance in court, and certificates of consistent behavior; chat logs, transfer records, and video clues related to the case. These materials can be handed over to the lawyer, who will verify and submit them according to the law, but the lawyer is not allowed to deliver any illegal information to the defendant on his own.
Q3: How much does it cost to hire a lawyer during criminal detention?
The fees for hiring a lawyer during criminal detention are usually determined based on the investigation stage or through negotiation throughout the entire process, and are influenced by the charges, complexity, and workload. There is no fixed price for these services. In most regions, government-set guidelines are applied. It is recommended to first discuss the scope, frequency, and charging method with the lawyer based on the specific circumstances of the case, and to sign a written agreement to avoid making payment conditional on whether bail can be granted (risk-based fees are prohibited in criminal litigation).
Q4: What is the maximum length of criminal detention, and how long does it usually last?
Criminal detention generally lasts for a maximum of 14 days (37 days for fugitives, repeat offenders, or gang members, including a seven-day period for review and arrest). After that, the suspect may be granted bail, placed under residential surveillance, or have his arrest approved. The investigation and detention period after arrest typically lasts for two months, which can be extended. From criminal detention to the first-instance trial, it may take several months or even longer. During the criminal detention stage, it is often possible to secure bail within about a month, and the earlier you hire a lawyer, the more proactive you can be.
Q5: What should the family do now?
Suggestions: 1. After receiving the detention notice, calmly record the information. 2. Immediately hire a professional criminal defense lawyer to meet and communicate with the authorities. 3. Gather and submit evidence to demonstrate the minor nature of the crime or the lack of danger. 4. Cooperate with the lawyer to apply for non-detention, bail, or a review of the necessity of detention during the critical period. 5. Stay away from so-called "connections-based bribes" aimed at securing releases. For more details, please refer to the following link: [Link description]Criminal defenseThe service description of the column.
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 evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.