[Direct answer]In the Beijing area, it's better to hire a lawyer as soon as possible after criminal detention. You can appoint a lawyer from the day you are subject to compulsory measures, without waiting for the approval of arrest or the court hearing. 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 day they are first interrogated by the investigating organ or subject to compulsory measures. During the investigation period, they can only appoint lawyers as defense attorneys. The period from criminal detention to the procuratorate's decision on approval of arrest (generally up to 37 days) is a golden window to strive for bail and submit opinions against approval of arrest. Ideally, the first meeting with the lawyer should be arranged within 48 hours after criminal detention. Families should hire a lawyer as soon as possible and cooperate with the lawyer in preparing materials. For more details, please refer to the following link:Criminal defenseColumn.

1. Problem background and typical scenarios

Such questions are often encountered in several situations: First, the family member is suddenly detained by the police, and the family is at a loss and mistakenly believes that they need a lawyer only after the sentencing; Second, they think it's not a problem to first ask around and use connections to delay hiring a lawyer for a few days; Third, they are worried about the high cost and want to wait and see the progress of the case first; Fourth, they hire the wrong person and entrust so-called intermediaries without practicing qualifications to handle the case, wasting valuable time; Fifth, they fail to hire a lawyer in time and only get involved after the approval of the arrest, missing the golden period for bail. When handling similar cases in the Beijing area, intervening as early as possible in the investigation stage can often better fix favorable circumstances and strive for changes in coercive measures. The relevant procedural points can be referred to for reference.Special services and other casesColumn.

II. Key points of contention

Focus I: The impact of the timing of entrustment on the outcome. The earlier you intervene, the more likely you are to submit legal opinions before requesting approval for arrest. Focus II: The functional boundaries of lawyers in the investigation stage, including meeting with clients, understanding the suspected charges and case circumstances, providing legal assistance, applying for bail pending trial, and lodging appeals and complaints. Focus III: The time structure of the "golden 37 days", which refers to the overlapping window between the deadline for requesting approval for arrest and the review period of the procuratorate. Focus IV: The conditions for bail pending trial. According to Article 67 of the Criminal Procedure Law, bail may be granted if the suspect is likely to be sentenced to imprisonment or a heavier punishment, but there is no social danger if bail is granted. Focus V: Whether there is still a chance after approval for arrest. According to Article 97, the necessity of detention can be reviewed upon application. Focus VI: What family members can do. The main tasks include completing entrustment procedures and providing clues about the client's physical condition and case circumstances. The specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the defense case of a crime of disseminating obscene materials handled by our firm as an example, we can observe the value of timely entrusting a lawyer during the investigation stage. In May 2026, C * was criminally detained for reposting and disseminating three obscene videos on a forum, which were viewed approximately 5,000 times and downloaded about 1,000 times, without any profit-making purpose. The family immediately entrusted our lawyers to intervene. After meeting with C * to verify the number of posts, his motives, and the circumstances of his appearance in court, the lawyers argued from two perspectives: "the threshold for criminal punishment is not met" and "there is no social danger". According to the judicial interpretation, non-profit dissemination of obscene videos requires more than 40 videos to be convicted and punished, but there were only three in this case. C * appeared in court after being summoned and truthfully confessed, pleaded guilty and accepted the punishment, was a first-time offender, and had no accomplices. Based on this, the lawyers submitted a "Legal Opinion on Bail Pretrial Detention" and cited the criminal justice policies of "reducing arrests, prosecutions, and detentions" and "prudent detention". On June 24, 2026, the public security organ decided to grant C * bail, and the client regained his freedom within about a month of his detention. In another case of endangering precious and endangered wild animals, the parrot was a gift from a customer, and the client had been keeping it as a pet for a long time. After meeting with the client on the same day, the lawyers argued that the gift did not constitute purchasing, and the client's subjective ignorance was the core of the defense. It only took seven days from detention to bail release. These two cases show that entrusting a lawyer as soon as possible after detention gives lawyers time to meet with the client, verify the facts, draft legal opinions, and communicate with the prosecutor before the approval of the arrest. This case was handled by Beijing Henglu Law Firm.Shang JiangpengAttorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical Suggestions and Legal Basis

Action suggestions: 1. First, verify the detention location, the suspected charges, and the case-handling authority immediately and retrieve or request the detention notice. 2. Second, complete the entrustment process within 48 hours after criminal detention and prepare documents such as household registration books, marriage certificates, or proof of kinship for procedural purposes. 3. Third, arrange for a lawyer to meet with the detainee as soon as possible after entrustment, carrying the lawyer's practice certificate, law firm certificate, and power of attorney to understand the case details and interrogation process. 4. Do not believe claims of "bribing to secure release" or "guaranteeing release," as criminal cases prohibit contingency fee agreements. 5. Cooperate with the lawyer in compiling materials highlighting favorable circumstances such as voluntary surrender, confession, restitution of illicit gains, or being a first-time offender for use in bail applications. Legal basis: Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that lawyers may be engaged to defend during the investigation period. Article 39 requires that lawyers be promptly arranged to meet with detained criminal suspects within 48 hours at the detention center. Article 67 specifies the conditions for bail pending trial. Article 91 regulates the time limits for applying for arrest approval and review. For key points of relevant legal documents, please refer to the official sources.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, the first two weeks after criminal detention are a critical period for obtaining bail or rejecting arrest requests. If lawyers are hired only after the trial, most favorable circumstances will be difficult to fully assert. Secondly, during the investigation stage, lawyers' meetings and legal assistance are statutory rights, and no authority may refuse to accept a lawyer's appointment on the grounds that the case is not yet finalized. Thirdly, family members should not inquire about the circumstances of other cases or pass on case information on their own, to avoid the risk of interfering with the investigation. Fourthly, when hiring a lawyer, verify the lawyer's practice license number and law firm information, and sign a written contract with clear fee arrangements. It is recommended that family members consult a lawyer as soon as possible after their loved one is detained.Beijing Henglu Law FirmOn the official website, in the corresponding column, professional criminal lawyers will evaluate the timing and strategy of intervention.

VI. Frequently Asked Questions

Q1: When is the most effective time to hire a lawyer after being detained in criminal custody?

The earlier the better. Ideally, the attorney should complete the entrustment and arrange the first meeting within 48 hours after the client is detained in criminal custody. Generally, there is a maximum of 37 days between the client's detention and the procuratorate's decision on whether to approve the arrest. During this period, the attorney can meet with the client to verify the case, submit legal opinions against the approval of the arrest, and apply for bail pending trial. At this stage, the case-handling authority has not yet formed a fixed judgment, so there is the greatest room for argument. After the arrest is approved, it is still possible to apply for a review of the necessity of detention, but the initiative is obviously limited.

Q2: When a person is detained in a detention center, what can their family members do if they hire a lawyer?

According to Articles 34 and 39 of the Criminal Procedure Law, lawyers can meet with clients during the investigation stage to understand the suspected charges and main facts, inform them of their litigation rights, provide legal advice, conduct psychological counseling, and verify whether there are any illegal situations such as forced confessions; lawyers can also submit applications for bail pending trial or legal opinions on non-approval of arrest to the case-handling authorities, and file appeals and complaints on behalf of clients. Although family members cannot meet with clients, they can obtain basic information about the case and its progress through lawyers.

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

Criminal cases are usually charged on a per-stage basis, including investigation, review and prosecution, and trial. The fee for each stage is determined through negotiation based on the complexity of the case, the lawyer's qualifications, and the workload, typically ranging from several thousand yuan to tens of thousands of yuan, with higher fees for major and complex cases. According to the "Measures for the Administration of Lawyer's Service Fees" (effective December 1, 2006), risk-based representation is prohibited in criminal cases. It is recommended to first clarify the stage and scope of the engagement, then compare quotes, and sign a written contract.

Q4: Is it still useful to hire a lawyer if I miss the 37-day golden period for legal action?

It's useful. After the approval of the arrest, the lawyer can apply for a review of the necessity of detention in accordance with Article 97 of the Criminal Procedure Law, and strive to change it to bail pending trial; during the review and prosecution stage, the lawyer can review the case file and submit opinions on non-prosecution; during the trial stage, the lawyer can appear in court to defend and organize evidence of sentencing circumstances. The aforementioned case of disseminating obscene materials was successfully granted bail within about one month of criminal detention, indicating that it's effective to intervene before the approval of the arrest, but there's still room for improvement after the approval of the arrest.

Q5: How should family members hire a criminal lawyer?

The first step is to bring proof of kinship, such as household registration books, marriage certificates, or birth certificates, to the law firm for a consultation and to verify the lawyer's practice license. The second step is to sign a written power of attorney, which specifies the stages of the case, the matters involved, and the fees. The third step is to truthfully inform the lawyer about the client's physical condition, criminal record, and clues to the case. The fourth step is for the lawyer to visit the detention center with the three certificates and follow up on the progress of bail and arrest approval. Throughout the entire process, there is no need for family members to offer bribes or use connections to influence the case-handling authorities. A compliant power of attorney is sufficient. For reference only.Criminal defenseColumn.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative approaches 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, 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.