[Direct answer]In the Beijing area, criminal lawyers cannot guarantee innocence or promise the outcome of the case. The lawyer's duty is to provide professional defense for the client based on the facts and the law, and strive for the most favorable outcome, such as bail pending trial, non-prosecution, probation, or a light sentence. The outcome of the case depends on the evidence, the facts, and the determination of the judicial authorities. Any promise of "guaranteed victory" or "sure success" violates professional norms. According to Article 37 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the lawyer's responsibility is to present materials and opinions that prove the suspect or defendant's innocence, reduced guilt, or mitigated punishment. It is recommended to view the role of lawyers rationally. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.
I. Problem background and typical scenarios
After their relatives become involved in legal cases, many families are most concerned about "whether they can be guaranteed not guilty" and "whether hiring a well-known lawyer can lead to their release". Typical scenarios include: hoping to secure a non-prosecution in misdemeanor cases, expecting a not-guilty defense in felony cases, and being attracted by the promises of "guaranteed victory" and "relationship-based operations" but worried about being cheated. In fact, the professional value of lawyers lies in clarifying the facts according to the law and establishing mitigating circumstances, rather than guaranteeing the outcome. The related risks can be combined withSpecial services and other case-related servicesRational evaluation.
II. Key points of contention
There are three controversies and misunderstandings. Firstly, the promise of results: a very small number of people attract clients with promises such as "guaranteed acquittal" and "100% bail", which violates the provisions of the Lawyers Law prohibiting false promises. Secondly, superstition about relationships: relying on irregular channels, which is both illegal and lacks protection. Thirdly, professional mismatch: only focusing on reputation without considering the professional field. For cases involving compensation and lenient sentencing, you can refer to the relevant provisions of the Lawyers Law.Creditor-debtor relations and enforcement case services.
III. Professional analysis by Henglue Law Firm
The case of concealing and hiding the proceeds of crime handled by Attorney Shang Jiangpeng of our firm aptly demonstrates the boundaries and value of professional defense. L*, who was entrusted by his younger brother to keep the funds, was detained by the Xicheng Branch on suspicion of committing a crime. After Attorney Shang Jiangpeng (practice license number: 11101202310580738) intervened, he argued that it was difficult for L* to meet the standard of "subjective knowledge" based on the key elements of the case, and listed mitigating circumstances such as confessing guilt, being a first-time offender, and returning the illicit gains, as well as bail conditions. Ultimately, the case-handling authority changed the coercive measures against L* to bail pending trial. This result stems from the analysis of facts and laws, rather than a guarantee of the outcome; if the evidence had pointed in the opposite direction, the conclusion would have been different. This case was handled by Beijing Henglu Law Firm.Shang JiangpengAttorney (Practice Certificate No.: 111012023105807, subject to the certificate issued by the judicial administrative organ) acting as the agent.
IV. Practical suggestions and legal basis
The legal basis is Article 37 (Responsibilities of Defense Attorneys) and Articles 38 to 40 (Defense Rights) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions of the Lawyer Law of the People's Republic of China regarding the prohibition of making false promises about the outcome of cases. Practical suggestions: When entrusting a lawyer, require the lawyer to provide an objective legal analysis and risk warnings, rather than guarantees of the outcome; sign a formal entrustment contract, clarify the stages and fees; promote the return of illicit gains, reconciliation, and guilty pleas as early as possible in minor crime cases; and firmly defend against the evidence if there are doubts. For cases involving property disposal, follow-up measures can be taken.Real estate sales and construction project services.
5. Henglu Law Firm's Reminder
When choosing a criminal lawyer, you should focus on whether they can clarify the legal relationship, key evidence, and procedural risks, rather than whether they are willing to make promises. Be cautious of claims like "guaranteed victory" and "100% win rate", as such promises are both unethical and unreliable. A rational expectation is that lawyers will do their best to obtain the most favorable outcome within the law, but they cannot determine the final verdict. If you really need to hire a lawyer, you can do so through the following channels:Criminal defense and criminal case filing servicesMake an appointment for a professional evaluation and make decisions based on comprehensive information.
VI. Frequently Asked Questions
Q1: Can a criminal lawyer guarantee that my family will be acquitted or found not guilty?
It is not possible, nor should such promises be made. A lawyer's duty is to defend according to the law and strive for bail, non-prosecution, probation, or a light sentence for the client, but the outcome of the case depends on the evidence and the determination of the judicial authorities. According to the regulations, lawyers are not allowed to make false promises about the outcome. Promises like "guaranteed victory" or "sure win" are both against the rules and untrustworthy. A rational attitude is the right approach.
Q2: To determine whether a lawyer is reliable or not, what should I pay attention to?
Evaluate professional competence and honesty: Can they accurately identify the legal relationship, key evidence, and risk points in this case, rather than just providing optimistic conclusions? Do they provide objective legal analysis and risk warnings? Do they sign formal engagement contracts and maintain transparent fee structures? Do they avoid taking on difficult cases? Stay vigilant against unrealistic promises and prioritize selecting teams with long-term experience in handling similar cases.
Q3: How much does it cost to hire a criminal lawyer, and is there a standard fee?
There are no nationwide unified standards. Fees are usually calculated on a per-case or per-hour basis according to the stages of investigation, review and prosecution, and trial, which are specifically stipulated in the contract. According to the regulations, risk-based fees are prohibited in criminal litigation cases. The fees are affected by the complexity of the case, the number of stages, and the lawyer's qualifications. It is recommended to clarify the fees and refund conditions for each stage before entrusting the case, and to refuse personal private fees.
Q4: How long does it usually take to see results after a lawyer gets involved?
The effects of the various legal procedures are different: meetings are usually completed within a few days after being entrusted; applications for bail pending trial must be submitted within 37 days after detention, and the case-handling organ must respond within three days; decisions not to prosecute are more common in the review and prosecution stage; and judgments go through a trial process that lasts for several months or more. The earlier lawyers get involved, the more room there is to maneuver within the critical 37-day period, but they cannot shorten the statutory time limits.
Q5: I want to hire a criminal lawyer, but I'm worried about being scammed. What should I do specifically?
The first step is to verify the lawyer's practice certificate and the qualifications of the law firm where he/she works by checking through official channels. The second step is to ask the lawyer to provide a legal analysis and risk notification during the interview, and observe whether he/she is honest and professional. The third step is to sign a power of attorney contract stamped by the law firm, which clearly specifies the stages, rights and fees. The fourth step is to stay vigilant against "relationship operations" and "guaranteed wins", and keep all communication records and invoices throughout the process.
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 currently 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 Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.