[Direct answer]Instead of asking "which firm is well-known", it's better to screen them based on standards. First, check whether the law firm has a professional criminal defense team, and whether the lawyers handle criminal defense as their main practice; Second, look at their years of practice and experience in similar cases. You can ask the lawyers to provide a preliminary analysis based on the case files; Third, check whether they personally meet with clients, review case files, and attend court hearings to prevent subcontracting at multiple levels; Fourth, ensure that fees are agreed upon in writing. According to the law, criminal cases are not allowed to use risk-based representation; Fifth, consider geographical convenience. For those who have been subject to coercive measures in the Beijing area, it's preferable to choose local law firms that are convenient for frequent meetings. 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 a defense attorney from the date they are first interrogated by the investigative organ or subject to coercive measures. The earlier they get involved, the more beneficial it will be. For reference:Criminal defenseColumn.
I. Problem Background and Typical Scenarios
Such searches often occur in several situations: when family members suddenly receive a notice of criminal detention and are eager to find a lawyer for a meeting; when the case enters the review and prosecution or first-instance trial stage, and they consider replacing their defense attorney with a more suitable one; when the head of an enterprise is involved in a case and needs a team that is proficient in both criminal law and corporate affairs. For related corporate matters, please refer to the following for more information.Intellectual propertyColumn; For cases handled in other regions, lawyers who are familiar with the local case-handling procedures are needed. To determine whether a law firm is reliable, one should focus on its professional competence, case-handling records, and the service process itself, rather than relying on advertising claims and rankings. The supply of criminal legal services in the Beijing area is sufficient, and it is recommended to at least interview and compare two or three law firms before making a decision.
II. Key points of contention
Focus One: Institutions or individuals who promise results should be directly excluded. The Code of Conduct for Lawyers prohibits making improper promises about case outcomes. Focus Two: "Prominent" does not equal competence. There are significant differences in experience across specialized fields such as defense in serious crimes, economic crimes, and cases involving minors. Focus Three: The actual exercise of the rights to meet with clients and review case files directly determines the quality of defense. Focus Four: For obtaining bail pending trial, those who meet the conditions can apply according to Article 67 of the Criminal Procedure Law. Focus Five: The ability to negotiate sentencing in plea bargain cases can be exercised in accordance with Article 15. Focus Six: Fees must comply with regulations. In criminal litigation cases, risk-based attorney fees are prohibited by law. Specific details shall be subject to the currently effective laws, regulations, and judicial rulings. For related civil claims such as personal injury compensation, reference may be made to relevant provisions.Personal injury and medical disputesColumn.
III. Professional analysis by Henglue Lawyers
Taking the two criminal cases handled by our firm as examples, we can observe the working methods of professional criminal defense. Firstly, in June 2024, Zhang * and Zhao * et al. had a dispute over the quality of the concrete during construction. Zhang * drove his car at high speed and rammed into the laboratory of the concrete mixing station, resulting in the death of Zhao * on the spot and injuries to two others. The families of the victims entrusted our lawyers to represent them in the criminal and civil litigation. After comprehensively reviewing the case file, the lawyers refuted the defense's arguments about subjective intent, voluntary surrender, and the victims' fault one by one: Zhang *'s language before the collision revealed his motive, and he accelerated and failed to avoid when he was less than five meters away from the door, indicating clear intent to kill; his claim of brake failure when calling the police and his inconsistent statements did not constitute voluntary surrender; and the case targeted specific individuals, so it should be identified as intentional homicide. The court adopted the lawyers' arguments and sentenced Zhang * to death in accordance with Article 232 of the Criminal Law of the People's Republic of China for intentional homicide, and supported the families' compensation requests in the civil part. Secondly, a mentally retarded student at school was convicted of attempted rape of a 12-year-old student and sentenced to fixed-term imprisonment of one year and eight months in the first instance. After representing him in the second instance, the lawyers argued that he did not have the subjective intent to rape and that the first-instance sentencing was too severe. The second-instance court revoked the original judgment and sentenced him to indecent assault on a child instead, exempting him from criminal punishment. The two cases show that the value of criminal defense lawyers lies in evidence review, charge determination, and precise grasp of sentencing circumstances. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
Action suggestions: 1. During the consultation, verify the lawyer's practicing license number, sign a written power of attorney, and clarify the service stages (investigation, review and prosecution, first instance, second instance) and the fee calculation method. 2. Prioritize lawyers who can meet with detainees promptly during the investigation stage, as only lawyers are allowed to meet with detainees at this stage. 3. Require lawyers to provide a preliminary legal analysis based on the available information rather than making unfounded promises. 4. Have family members organize information such as the case process, the detainee's physical condition, and the case background for lawyers to evaluate. 5. For those subject to coercive measures, have lawyers assess the necessity of bail and detention as soon as possible. 6. For cases involving business operations, simultaneously evaluate account freezes, employee involvement, and compliance risks. Legal basis: - Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the starting time for appointing defense attorneys. - Article 39 guarantees defense lawyers' right to meet and communicate with clients. - Article 67 stipulates the conditions for bail and detention. - Article 15 stipulates that guilty pleas and sentencing reductions may be granted according to law. - The Criminal Law of the People's Republic of China (implemented on October 1, 1997, with the latest amendments effective from March 1, 2024) and its supporting judicial interpretations specify the conviction and sentencing standards for specific crimes.
5. Henglu Law Firm's Advice
Risk Warning: First, be wary of intermediaries and individuals who claim to have "connections" or promise to "secure release", as such claims often carry a high risk of fraud. Second, it is crucial to secure the maximum timeframe for criminal detention to formal arrest, so it is better to entrust a lawyer as soon as possible. Third, if family members act as agents to entrust a lawyer, they need to prepare proof of kinship and identity documents. Fourth, never privately inquire about the case, collude in providing false evidence, or transfer the involved assets, as this may constitute a new crime or aggravate the circumstances of the case. It is recommended to first consult a professional lawyer.Beijing Henglue Law FirmFirst, check the process and key points of the entrustment on the official website of the criminal defense section, and then make a choice after comparing them in person.
VI. Frequently Asked Questions
Q1: Can a criminal defense lawyer increase the probability of obtaining a non-prosecution or lenient sentence?
Lawyers cannot guarantee the outcome, but professional defense can indeed influence the direction of the case: meeting with clients to verify the legality of their confessions, identifying evidence flaws through reviewing case files, submitting opinions on non-prosecution or reduced charges during the review of prosecution, and striving for lower sentencing recommendations in plea bargaining all have practical significance. The aforementioned cases of intentional homicide with accompanying civil litigation and cases where the second-instance court reversed the original verdict are just examples. The likelihood of success depends on the evidence and circumstances, so when choosing a lawyer, one should focus on their professional competence rather than verbal promises.
Q2: What materials should be prepared when entrusting a family member to attend the interview on behalf of the applicant?
Including: the family members' ID cards and proof of kinship; documents of compulsory measures such as detention notices or arrest notices, which can be used to determine the case and the detention facility; a written summary of the known facts of the case; a description of the client's physical health and mental state; and relevant certificates of the involved property. The more complete the materials are, the more accurate the lawyer's preliminary judgment of the possibility of bail and the direction of defense will be. During the investigation stage, family members cannot meet with the client, so lawyer's meetings are the main channel to understand the situation.
Q3: How do criminal lawyers charge their fees?
Generally, fees are charged separately at the stages of investigation, review and prosecution, first-instance trial, and second-instance trial. The specific fees shall be determined through consultation based on the type of case, its complexity, and the intensity of work, and a written contract must be signed. According to the relevant regulations on the charging for lawyers' services, criminal litigation cases shall not implement risk-based representation, that is, fees shall not be charged based on the outcome of the case. If the quoted fees are significantly lower or higher than the market level, the service content and the qualifications of the lawyers handling the case should be verified before signing the contract.
Q4: How long does each stage of a criminal case last?
During the investigation stage, detention generally does not exceed 37 days. Investigative custody following arrest usually starts from two months, and the case can be extended according to law if it is complex. Review and prosecution generally takes one month, and it can be extended by 15 days for major and complex cases. It may also be sent back for supplementary investigation. The first-instance ordinary procedure generally issues a verdict within two months, and the latest time limit is no more than three months. Major cases are extended according to law. The second-instance procedure takes about two months. The whole process often takes years, so it's important to seek legal defense as early as possible to ensure that you have options at each stage of the process.
Q5: How to verify whether a law firm and its lawyers are reliable?
You can check the practice certificate number and practice status through the official website of the judicial administrative organ or the bar association; interview to observe whether they are willing to analyze the unfavorable factors rather than just reporting the good news; require the clear identification of the attorney handling the case and the team members to prevent the replacement of personnel after signing the contract; verify the service phases and refund provisions specified in the contract; and understand the case handling records and document samples of similar cases. For criminal defense services, you can refer to the relevant provisions.Criminal defenseWe will make a final decision after comparing the two options in person at the meeting.
The above Q&A is mainly based on judicial practice in the Beijing area. 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 evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.