[Direct answer]In the Beijing area, after a family member is criminally detained, obtaining bail pending trial requires meeting the conditions stipulated in Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018): the person may be sentenced to control, detention, or an additional punishment applied independently; the person may be sentenced to fixed-term imprisonment or a heavier punishment, but obtaining bail will not pose a danger to society; the person suffers from a serious illness, is unable to take care of themselves, or is a pregnant woman or a woman who is breastfeeding her own child and obtaining bail will not pose a danger; the detention period has expired but the case has not been concluded and bail is needed. In short, the key point is whether there is a danger to society. After the family member is arrested, they should hire a lawyer as soon as possible to meet with them, understand the suspected crime and the reasons for the arrest, and submit a bail application based on circumstances such as no danger to society, being an accomplice, being ill, making restitution and seeking forgiveness, or being a first-time or occasional offender. If the person has already been approved for arrest, they can apply for a review of the necessity of detention. Whether bail can be granted depends on the evidence of the specific case. For more information on relevant procedures, please refer to the following link:Criminal defenseColumn.

1. Problem background and typical scenarios

Such questions are commonly encountered in several situations: first, the family member is suddenly taken away, and the family has no idea about the suspected crime and its severity; second, the suspect is an accomplice or in a low-ranking position, and the family hopes to secure bail; third, the family member is ill, unable to take care of themselves, or is a pregnant or lactating woman, and the family hopes to change the compulsory measures; fourth, the suspect has made restitution and obtained an understanding, and the family is concerned about whether they will be arrested; fifth, the suspect has been approved for arrest, and the family inquires about the possibility of bail after the arrest. When handling similar cases in the Beijing area, the authorities usually first verify the reasons for the arrest and then determine whether there is a need for continued detention. Relevant criminal services can be referred to for more information.Criminal defenseColumn.

II. Key points of contention

First, the social danger assessment, which is the substantive threshold for bail, covers risks such as reoffending, colluding with accomplices, and escaping. Second, the seriousness of the crime. Co-perpetrators, first-time offenders, and offenders with relatively small amounts of money involved are usually more likely to be granted bail. Third, the personal status. Legal circumstances such as suffering from serious diseases, being pregnant or breastfeeding can support the granting of bail. Fourth, the probative force of compensation and apologies. Full compensation and obtaining the victim's forgiveness can significantly reduce the danger evaluation. Fifth, the relationship between the necessity of arrest and the necessity of detention review. After the approval of the arrest, it is not the final decision. Sixth, the guarantee method. The choice is between a guarantee deposit or a guarantor. Specifically, please refer to the current effective laws, regulations, and judicial rulings. For matters involving the execution of compensation, you can make reference to the relevant provisions.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Taking the three bail cases handled by our firm as examples, we can observe the argumentation paths for bail in different circumstances. Firstly, C * was detained by the Haidian Branch of the Beijing Municipal Public Security Bureau in May 2026 on suspicion of disseminating obscene materials on a forum, involving three obscene videos that were viewed approximately 5,000 times and downloaded about 1,000 times without profit-making. The attorney argued that the number of non-profit disseminations fell far below the statutory threshold for criminal prosecution (the judicial interpretation sets the starting point for conviction and punishment at more than 40 video files) and that there was no social danger. Combined with the fact that C * appeared at the hearing and gave a truthful statement, constituting a voluntary surrender and a plea of guilty, the attorney submitted a "Legal Opinion on Bail Pending Trial" and on June 24, 2026, the Haidian Branch decided to grant C * bail pending trial. Secondly, streamer W * was detained on December 20, 2025 on suspicion of operating a gambling house. W * only provided traffic assistance for overseas gambling platforms and was an accomplice. Moreover, W * suffered from pituitary tumors and hepatitis requiring continuous treatment. The attorney submitted an "Application for Bail Pending Trial" based on W *'s status as an accomplice and medical condition, and W * was granted bail on January 19, 2026. Thirdly, another W * was detained on May 26, 2026 on suspicion of endangering precious and endangered wild animals. The African grey parrot involved in the case was a gift from a customer, and W * had no knowledge of its illegal status as a pet. The attorney defended W * based on the arguments that the gift did not constitute illegal acquisition, W * lacked subjective knowledge of the illegal nature of the act, and the circumstances were significantly minor. W * was granted bail within seven days from detention to bail. The above cases demonstrate that the argumentation for bail must strictly adhere to legal conditions and systematically analyze aspects such as the threshold for criminal prosecution, the defendant's role and status, personal danger, and subjective intent. This case was handled by Beijing Henglue Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. After a family member is arrested, immediately hire a lawyer to meet with them to understand the suspected charges, the detention location, and the reasons for the arrest. 2. Collect evidence of mitigating circumstances such as being an accomplice, a first-time offender, or a minor involved in the case. 3. If the family member is ill, prepare a diagnosis certificate and medical records to support bail application. 4. Promptly compensate the victim and obtain their written forgiveness. 5. Submit a bail application during the approval stage of the arrest. For those who have already been arrested, apply for a review of the necessity of detention in accordance with Article 95 of the Criminal Procedure Law. 6. Prepare for the bail or guarantor. Legal basis: Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the conditions for bail, Article 81 regulates the conditions for arrest, and Article 95 regulates the review of the necessity of detention. Relevant defense points can be referred to for reference.Business and contract disputes in enterprisesColumn.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, bail does not mean innocence or the end of the case, and subsequent prosecution and trial may still occur; Secondly, circumstances such as illness and being an accomplice must be supported by sufficient evidence, and claims should not be made without basis; Thirdly, there is still a path for review of the necessity of detention after approval of arrest, but the earlier intervention, the more proactive it will be; Fourthly, do not easily believe in promises such as "guaranteeing bail", as the outcome depends on the facts, evidence, and statutory conditions. It is recommended that family members entrust professional lawyers to meet with the client, verify the case, and formulate application strategies to obtain targeted solutions for the case.

VI. Frequently Asked Questions

Q1: What are the requirements for obtaining bail pending trial if a family member has been arrested?

According to Article 67 of the Criminal Procedure Law, the core condition is that the adoption of bail pending trial will not lead to social danger. Specifically, it includes: the defendant may be sentenced to control, detention, or independent additional punishment; the defendant may be sentenced to fixed-term imprisonment or above but there is no social danger; the defendant suffers from a serious illness, is unable to take care of himself or herself, or is pregnant or breastfeeding and the bail will not lead to danger; the case is not completed after the expiration of the detention period. Accomplices, first-time offenders, occasional offenders, compensation for losses, understanding and forgiveness, pleading guilty and accepting the punishment, and a relatively small amount of money involved in the case are all favorable factors in proving the absence of social danger.

Q2: What materials or evidence do I need to prepare when applying for bail?

The following materials should be prepared: First, proof that the suspect has no criminal record and is a first-time or occasional offender; Second, evidence of the accomplice's status, such as the division of labor and the situation of profit-making; Third, a diagnosis certificate, medical records, or proof of pregnancy and breastfeeding; Fourth, receipts for restitution and the victim's written letter of understanding; Fifth, materials showing the suspect's truthful confession and admission of guilt and punishment; Sixth, a statement explaining that there is no risk of collusion or escape, which is necessary for the review of the necessity of detention. The more complete the materials are, the more fully the lack of social danger can be demonstrated, and the relevant procedures can be referred to for reference.Criminal defenseColumn.

Q3: How much does it cost to hire a lawyer to apply for bail?

The attorney's fees are determined through negotiation based on the complexity of the case, the charges involved, and the workload, with no standardized rates. Additionally, fees may include compensation for funds recovered and travel expenses. The fees charged for the bail stage alone differ from those for subsequent defense. It is recommended to first consult about the case and the stage before providing a quote. It is necessary to be vigilant against situations where high fees are charged under the guise of "guaranteeing bail". Legitimate law firms clearly price their services based on the content of the services, and the fees are not directly related to the outcome of the case.

Q4: How long does it usually take from being arrested to being granted bail?

The review and approval of arrest stage (about 30 days after criminal detention) is a critical window for seeking non-approval of arrest. In the case of spreading obscene materials handled by our firm, the client was successfully granted bail about a month after criminal detention, and in the case of operating a gambling house, the client was granted bail after being detained for 30 days. For those who have been approved for arrest, we strive to secure an indefinite bail period through a review of the necessity of detention. In the case of endangering precious and endangered wild animals, it only took seven days from criminal detention to bail. The key is to engage a lawyer as soon as possible and submit the application as soon as possible.

Q5: What should I do first after my family member is detained by the police for criminal investigation?

The first step is to calmly verify the alleged charges, the case-handling unit, and the detention location after receiving the notice; the second step is to engage a professional lawyer as soon as possible to meet with the suspect and understand the case and the suspect's status; the third step is to cooperate with the lawyer to collect favorable evidence such as accomplices, illness, and repayment and understanding; the fourth step is to submit a bail application during the review and approval of the arrest; and for those who have already been arrested, apply for a review of the necessity of detention in a timely manner; the fifth step is to prepare a surety or a guarantor. For criminal defense, you can refer to the following materials for reference:Criminal defenseColumn.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Shang Jiangpeng·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.