[Direct answer]In the Beijing area, the process of hiring a lawyer for criminal cases mainly includes verifying qualifications and signing a power of attorney, lawyer's meeting, applying for bail pending trial, reviewing case files in the prosecution stage, submitting legal opinions, and defending in court during the trial. 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 his first interrogation by the investigative organ or the date of taking compulsory measures against him; Article 38 stipulates that a defense lawyer may review the case files from the date of the case's review and prosecution. Family members should get involved as soon as possible, and it is most beneficial to appoint a lawyer within the first 37 days. For specific steps and key materials, please refer to the following information:Criminal defenseColumn.

1. Problem background and typical scenarios

This process consultation is commonly encountered in several situations: First, a family member is suddenly detained in criminal custody, and the family doesn't know what to do first; Second, they want to apply for bail pending trial but don't know who to apply to or when to apply; Third, the case is about to enter the review and prosecution stage, and they want to understand how to review the case file and conduct defense; Fourth, when handling cases in a different location, they don't know whether it's necessary for the client to be present in person for the entrustment formalities; Fifth, when the case is approaching the trial stage, they need to appoint a defense attorney for the trial phase. When handling similar cases in the Beijing area, it is usually recommended to complete the entrustment and meeting with the lawyer during the investigation stage, so as to leave enough space for subsequent defense.

II. Key points of contention

Focus One: The earlier the entrustment takes place, the better the chances of seizing the golden rescue period. Focus Two: For entrustment by close relatives, they need to provide proof of kinship and authorization documents. Focus Three: The role of attorney meetings—attorneys use these meetings to understand the interrogation process, inform clients of their rights, stabilize their emotions, and gather defense clues. Focus Four: The application conditions and timing for bail pending trial are determined according to Article 67 of the Criminal Procedure Law. Focus Five: The starting point for the right to review case files—attorneys cannot review case files during the investigation stage, but can only review, extract, and copy them from the date of review and prosecution. Focus Six: The differences in defense strategies at various stages, progressing from procedural defense to substantive defense. Focus Seven: The division of fees into different stages and contractual agreements. Specifically, refer to the currently effective laws, regulations, and judicial rulings. For matters involving fines and restitution enforcement, refer to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

From the several cases handled by our firm, we can see the practical role of each step. In a case involving the dissemination of obscene materials, the defendant, C*, was criminally detained for reposting three obscene videos on a forum. The handling lawyer met with him immediately to verify that he had not profited from the act, was a first-time offender, and truthfully confessed after being summoned to appear in court. Subsequently, the lawyer submitted a legal opinion on bail to the investigative organ, arguing that the number of videos far exceeded the threshold for criminal prosecution and posed no social danger. About a month later, the defendant was granted bail. In a case involving the operation of a gambling house, after 30 days of criminal detention, the handling lawyer submitted an application based on the defendant's status as an accomplice, his confession, and the need for medical treatment, which was approved for bail. In another case of intentional homicide with a criminal civil suit, the handling lawyer reviewed the entire case file, sorted out the physical evidence, confessions, and appraisal opinions, and refuted the defendant's defense of subjective intent and voluntary surrender. The court accepted the lawyer's opinion and sentenced the defendant to death for intentional homicide and supported the request for incidental civil compensation. These three cases correspond to the key actions of meeting with the client, applying for bail, reviewing case files, and defending in court. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. First, verify the lawyer's qualifications through the judicial administrative authorities or the bar association. 2. Second, have the close relatives sign a power of attorney and provide their ID cards, proof of kinship, and a letter of authorization. 3. Third, arrange for the lawyer to meet with the client as soon as possible to understand the suspected charges and the interrogation process. 4. Fourth, within the critical 37-day period, apply for bail pending trial and, if the client has already been arrested, apply for a review of the necessity of detention. 5. Fifth, after the case enters the review and prosecution stage, the lawyer reviews the case file and submits legal opinions. 6. Sixth, during the trial, develop a defense strategy and appear in court to argue on behalf of the client. 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 37 provides that defense attorneys may meet and communicate with detained suspects. - Article 38 specifies that defense attorneys may review case materials from the date of review and prosecution. - Article 67 sets out the conditions for bail pending trial. - Article 95 governs the review of the necessity of detention. For details on relevant procedures, please refer to the official sources.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: First, never entrust the case to unqualified personnel or believe in the promise of "using connections to release the detainee"; Second, all entrustment procedures must be complete. If a relative signs on behalf of the client, a proof of kinship must be attached to avoid the case-handling organ refusing to accept the authorization; Third, lawyers cannot review the case files during the investigation stage. Any claim that it is possible to review the case files during the investigation stage is untrustworthy; Fourth, bail pending trial does not mean the case is over. Continued defense is still needed for subsequent procedures. It is recommended that family members maintain communication with the handling lawyer at each stage, provide useful clues in a timely manner, and seek legal help when necessary.Beijing Henglu Law FirmVisit the official website to learn about the content of criminal defense services.

VI. Frequently Asked Questions

Q1: What is the first step in hiring a lawyer for a criminal case?

The first step is to verify the lawyer's qualifications and interview the family about the case to confirm the lawyer's professional direction and case handling arrangements. Subsequently, the immediate family signs a written power of attorney with the law firm, providing the client's ID card, proof of kinship, and a power of attorney. The lawyer can then go to the detention center to meet with the client. Never pay fees before verifying the lawyer's qualifications, and do not easily believe the promises made by intermediaries or individuals about the outcome of the case.

Q2: What role does a lawyer's meeting play?

During the meeting, the lawyer can learn about the suspected charges, the interrogation process, and the client's physical condition, inform them of their rights under the law, alleviate their anxiety, and collect defense clues such as voluntary surrender, confession, and meritorious service. According to Article 37 of the Criminal Procedure Law, defense lawyers can meet with detained criminal suspects by presenting their practice certificates, proof from the law firm, and power of attorney. The meeting will not be monitored. The number and frequency of meetings should be arranged in accordance with the pace of the case.

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

Criminal defense is usually charged separately at three stages: investigation, review and prosecution, and trial. The specific fees are determined through negotiation based on the severity of the crime, the complexity of the case, and the lawyer's qualifications, with no unified government pricing. When signing a power of attorney, the fees, the stages included, and whether there will be secondary charges should be clearly specified in writing. Be vigilant of offers that are obviously too low or promise to secure the client's release, and make a rational assessment before deciding to entrust the case to the lawyer.

Q4: When can I apply for bail pending trial?

During the investigation stage, a lawyer can apply for bail pending trial on behalf of the defendant, and the application is most effective within 37 days. If the defendant has been approved for arrest, he/she can apply to the procuratorial organ for a review of the necessity of detention in accordance with Article 95 of the Criminal Procedure Law. The success of the application depends on the demonstration of social dangerousness. Circumstances such as admitting guilt, showing remorse, obtaining understanding, being ill, having a fixed residence, and being a first-time or occasional offender are all conducive to obtaining bail.

Q5: Can I still hire a lawyer if the case has reached the court stage?

Yes. If the defendant hires a defense lawyer during the trial stage, the lawyer can review all the case files, meet with the defendant, apply for evidence collection, and appear in court to defend the defendant. According to Article 38 of the Criminal Procedure Law, the lawyer can review the case files from the date of review and prosecution, and the materials will be more complete after the case enters the court. Even if the defendant does not hire a lawyer in the early stage, hiring one before the trial can still provide effective defense against sentencing circumstances and evidence flaws. The relevant procedures can be referred to for reference.Criminal defenseColumn.

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 Liu Liqiang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.