[Direct answer]In the Beijing area, it's still possible, but the scope for defense has already significantly narrowed. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), suspects have the right to appoint defense attorneys from the day they are first interrogated or subjected to coercive measures by the investigative organ. Defendants have the right to appoint defense attorneys at any time. It does not violate the law to appoint a lawyer at the court stage. However, from the perspective of defense effectiveness, lawyers can meet with detained suspects and apply for changes to coercive measures (bail pending trial according to Article 67) during the investigation stage. At the review and prosecution stage, they can review the case files and submit written opinions. The earlier they get involved, the more procedural opportunities they will have. The maximum detention period before approval of arrest is 37 days (Article 91). Those who have received a notice of trial or a judgment should immediately appoint a lawyer to copy the case files, prepare for the trial defense, and pay attention to the 10-day appeal period for dissatisfaction with the judgment. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

The notice of the first-instance trial was delivered to the family, and the legal aid notice was sent to the household registration address. Only then did the family realize that "it was time to hire a lawyer". Before that, they believed that "using connections" could solve the problem, and they missed the investigation stage for nothing. There are also cases where the parties only thought of hiring a lawyer in the second-instance and appeal stages. Criminal cases generally go through four stages: investigation, review and prosecution, first-instance trial, and second-instance trial. The things lawyers can do in each stage are different: in the investigation stage, the focus is on meeting with the client and changing the coercive measures; in the review and prosecution stage, the focus is on reviewing the case file and putting forward opinions; in the trial stage, the focus is on cross-examination and court debate. Hiring a lawyer at different stages will have obvious differences in effect, and the relevant procedures can be combined accordingly.Criminal defense and legal services for criminal case filingGot it.

II. Key points of contention

There are three common concerns of the parties involved and their families: first, "since the trial has already started, hiring a lawyer is just going through the motions"; second, "can the lawyer turn the already established evidence around"; and third, "will we miss the opportunity for leniency if we hire a lawyer now". The defense space for lawyers in the trial stage depends on the facts of the case and the status of the evidence: exclusion of illegal evidence, objections to appraisal opinions, and debates on charges and sentencing circumstances are still possible to be raised and heard in the first instance; once the judgment takes effect, the right to remedy mainly shifts to appeals and complaints, which obviously increases the difficulty. In the judicial practice of Beijing, the court will generally respond to the written opinions and oral defenses submitted by the defense attorneys item by item, and whether to adopt them depends on whether the facts and legal basis are solid.

III. Professional analysis by Henglue Law Firm

A case handled by Attorney Liu Liqiang demonstrates the substantive role of lawyers' intervention in the trial stage. On the night of June 16, 2024, in the laboratory of a certain mixing station, staff members and the defendant, Zhang Daqiang, had a dispute over the quality of the construction concrete. After being persuaded to stop the argument, Zhang Daqiang drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory, resulting in the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang's wife, entrusted Attorney Liu Liqiang to represent her in the criminal and civil litigation. The lawyer fully reviewed the case file, covering physical evidence, documentary evidence, witness statements, the defendant's confession, appraisal opinions, on-site inspection records and photos, and audiovisual materials. He refuted the defendant's three defenses one by one: Subjectively, the defendant had clear verbal threats before the collision, accelerated even though he was less than 5 meters away from the door, and knew the location of the people inside but failed to avoid them, so his intentional homicide was established; On the issue of voluntary surrender, he lied to the police about the brake failure after calling the police, failed to truthfully confess the fact of driving and repeatedly retracted his confession, so he did not constitute voluntary surrender according to law; On the nature of the crime, the case should be identified as the imaginary concurrence of intentional homicide and endangering public safety by dangerous methods, and the defendant should be convicted and sentenced for intentional homicide (Article 232 of the Criminal Law of the People's Republic of China). The court adopted the lawyer's opinion and sentenced the defendant to death for intentional homicide, and supported the compensation request in the accompanying civil part. This case shows that lawyers can still influence the conviction and sentencing in the trial stage through case file review and evidence analysis; at the same time, it also shows that defense actions such as meeting with the defendant and applying for the modification of compulsory measures can only be completed in the previous stage. If they are entrusted with these matters in the trial stage, it is equivalent to voluntarily giving up these opportunities. This case was handled by Beijing Henglu Law Firm. 刘立强律师代理的一起案件，可以看出审判阶段律师介入的实质作用。2024年6月16日深夜，某拌合站实验室内，工作人员与被告人张大强因施工混凝土质量问题发生争执，被劝开后，张大强驾驶白色猎豹汽车以约60至62公里每小时的速度冲撞实验室，致赵刚当场死亡、张斌与李远征受伤。被害人赵刚之妻委托刘立强律师代理刑事附带民事诉讼。律师完整阅卷，范围涵盖物证、书证、证人证言、被告人供述、鉴定意见、现场勘验笔录及照片、视听资料，针对三项辩解逐一驳斥：主观上，被告人撞击前有明确言语、距门口不到5米仍加速、明知室内人员位置而未避让，杀人故意成立；自首上，其报警后谎称刹车失灵、未如实供述驾车撞击事实且反复翻供，依法不构成自首；定性上，案件应认定为故意杀人罪与以危险方法危害公共安全罪的想象竞合，按故意杀人罪定罪量刑。法院采纳律师意见，以故意杀人罪（《中华人民共和国刑法》第二百三十二条）判处被告人死刑，附带民事部分支持赔偿请求。本案提示：审判阶段律师通过阅卷与证据分析，仍能影响定罪量刑；同时也说明，会见、申请变更强制措施等辩护动作只能在前一阶段完成，拖到审判阶段再委托，等于主动放弃这些机会。本案由北京恒略律师事务所代理。Liu LiqiangAttorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 34 (appointing a defense attorney), Article 39 (defense lawyers meeting and communicating with detained criminal suspects and defendants), Article 40 (defense lawyers may review, excerpt, and copy case materials from the date of review and prosecution), Article 67 (bail pending trial), and Article 91 (the time limit for applying for approval of arrest after detention and the time limit for reviewing and approving arrest) of the Criminal Procedure Law of the People's Republic of China (amended in 2018); Article 67 (surrendering oneself and confessing guilt) and Article 232 (intentional homicide) of the Criminal Law of the People's Republic of China (effective October 1, 1997, amended by amendments). Action list: 1. Regardless of the stage of the case, immediately sign the entrustment procedures to allow lawyers to intervene as soon as possible. 2. If entrusting a lawyer during the trial stage, request the lawyer to immediately copy all case materials from the court and arrange a meeting with the detention center. 3. Thoroughly review the timeline, financial transactions, and appearance process to explore procedural opportunities such as excluding illegal evidence and arranging for re-appraisal. 4. Pay attention to the first-instance trial and prepare outlines for questioning, cross-examination, and debate. 5. If dissatisfied with the first-instance judgment, note the 10-day appeal period and promptly entrust a lawyer for second-instance defense. For specific solutions, please consult a lawyer.Criminal defense and legal services for criminal case filingA professional lawyer.

5. Henglue Law Firm's Advice

Criminal cases cannot afford to wait: The 37-day period from detention to approval of arrest is a crucial window for applying for bail pending trial and putting forward opinions against arrest. Each stage before sentencing has its own defense actions, and missed opportunities will not be repeated. A common misunderstanding among family members is to pin their hopes on "connections", only to end up losing both money and effort. When handling similar cases in the Beijing area, it is recommended to hire a lawyer as soon as possibleBeijing Henglue Law FirmProfessional lawyers should focus on doing a good job at every stage of the process.

VI. Frequently Asked Questions

Q1: If I hire a lawyer only at the court stage, do I still have a chance of getting a lenient sentence?

There's a chance, but the room for maneuver depends on the facts and evidence. During the trial stage, lawyers can review the case file in full, apply to exclude illegal evidence, raise objections to appraisal opinions, and present defense opinions on the charges and sentencing circumstances (such as voluntary surrender, confession, accomplice, returning illicit gains, and pleading guilty and accepting punishment). According to Article 15 of the Criminal Procedure Law (amended in 2018), those who plead guilty and accept punishment may receive lenient treatment according to law. If the first-instance judgment has already taken effect, the remedial channels are narrowed to appeal and complaint. The outcome of the case is based on the evidence and the court's determination. Lawyers cannot guarantee the outcome, but the earlier they get involved and raise all relevant opinions, the greater the room for maneuver they will have.

Q2: At this stage, if a family member hires a lawyer, what materials should they prepare?

Mainly including: detention notices, arrest notices, and other procedural documents; proof of kinship (household registration booklets, marriage certificates) and power of attorney; the timeline of the case as understood by the family and the process of appearing in court; clues to the property owned by the defendant and proof of their ability to return the illicit gains and compensate for the losses; and records of previous communications with the case-handling authorities. After the lawyer arrives, he/she will legally copy the case files and arrange meetings to further verify the evidence. The materials should be handed over to the lawyer for evaluation. Family members do not need to, and should not, independently assess the value of the evidence, nor should they disseminate information about the case to unrelated individuals.

Q3: If I hire a lawyer only after the case reaches the court, will the fees be higher?

The attorney's fees are determined through negotiation between the law firm and the client, and are charged according to the service phase and the complexity of the case, with no uniform standard. Generally, the fees for only defending in the first instance are lower than those for investigation, review and prosecution, and defending throughout the first instance, but the procedural resources that can be mobilized for single-stage defense are also fewer. For those with financial difficulties or who meet the statutory conditions, they can apply to the legal aid agencies for the appointment of lawyers in accordance with Article 35 of the Criminal Procedure Law (amended in 2018), or consult the 12348 Public Legal Service Hotline. Before signing the contract, the attorney-in-charge, the service phase, and the refund rules should be clearly specified in writing.

Q4: How long is there until the verdict is issued if we appoint a lawyer now?

According to the provisions of the Criminal Procedure Law (amended in 2018) on the trial period, the people's court shall generally pronounce the verdict on a public prosecution case within two months after accepting the case, and no later than three months. If the case meets the statutory circumstances, the trial period may be extended upon approval; the previous review and prosecution stage generally makes a decision within one month, and the period may be extended for major and complex cases. After entrusting a lawyer, copying the case files, meeting with the lawyer, and preparing for the trial usually take several weeks. If the case catches up with the court schedule, the trial will proceed accordingly. It is recommended to start as soon as possible to leave time for preparation for cross-examination and debate, and to avoid rushing into the trial unprepared.

Q5: If the trial has already started or the verdict is about to be announced, what should the family members do first?

First, immediately handle the entrustment and let the lawyer intervene within the time limit for sentencing or appeal; Second, organize the detention and arrest documents and the materials of family relations, and cooperate with the lawyer to complete the formalities; Third, through the lawyer, understand the court trial situation and the evidence in the case file, and do not contact the co-defendants to inquire about the case on your own; Fourth, after the first-instance judgment is made, evaluate the appeal reasons with the lawyer and decide whether to appeal within the ten-day appeal period; Fifth, if there are conditions for returning the illicit proceeds and making compensation and obtaining an understanding, proceed in accordance with the law under the guidance of the lawyer to strive for the recognition of mitigating circumstances.

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 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 current 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. If a dispute arises, please consult a practicing lawyer in a timely manner.