[Direct answer]In the Beijing area, there are still legal channels for obtaining bail pending trial after being approved for arrest. It's meaningful to hire a lawyer, but reasonable expectations are needed. After the approval for arrest, the defendant, his legal representative, close relatives, and defense attorneys can still apply for a change in the coercive measures according to law. The People's Procuratorate should also review the necessity of detention. If the conditions are met, bail pending trial can still be granted, but the difficulty is obviously much higher than the "golden 37 days" before the approval for arrest. The role of a lawyer includes: meeting to verify the case facts, systematically arguing that there is no social danger (confession and repentance, victim's forgiveness, returning the illegal proceeds and compensation, fixed residence and stable job, etc.), choosing an appropriate time to communicate with the accepting organ, and simultaneously preparing case retrieval and supporting materials. No lawyer can guarantee the outcome. For more details on related defense matters, please refer to the following document:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

Upon learning the news of the approval of the arrest warrant, many family members' first reaction is "there's no hope left", so they give up on the legal process or seek help from "bail brokers" in a panic. There are three common misunderstandings: thinking that the approval of the arrest warrant equals a conviction, not knowing that there is a necessity review system for detention after the approval of the arrest warrant; thinking that they can only wait for the trial, missing the application window during the investigation and review prosecution stages; and pinning their hopes on "connections", which not only wastes money but also delays the opportunity for defense. The approval of the arrest warrant is just a coercive measure, not a verdict. The law reserves clear relief channels for it. You can visit the relevant rules for more information.Beijing Henglu Law FirmPlease check the criminal defense page for more information.

II. Key points of contention

The controversy focuses on four points. First, is there still room for action after the arrest? The conditions for arrest point to social danger. If new facts and evidence emerge subsequently, such as obtaining understanding, returning the illegal proceeds and compensation, or changes in physical condition or family circumstances, the basis for arguing that there is no social danger will be strengthened. Second, who to apply to: You can apply to the case-handling organ to change the coercive measures, or apply to the people's procuratorate for a review of the necessity of detention. The stage of the case determines the accepting organ. Third, the timing of the application: It can be raised during the investigation period and the review and prosecution period, but if the materials are insufficient too early or too late when the procedural node is approaching, the effect will be compromised. Fourth, the key points of argumentation: The core is to exclude each item of the social danger circumstances of the arrest and explain that taking bail pending trial will not lead to social danger.

III. Professional analysis by Henglue Law Firm

The drug smuggling case handled by Attorney Wang Chao Ran's team is a typical example of successfully obtaining bail after approval of arrest. Z * discovered someone selling psychotropic drugs with sedative and relaxing effects online, ordered and purchased several pills, and was arrested by the public security organ when picking up the package. He was detained on suspicion of drug smuggling and was approved for arrest by the procuratorate after 37 days of detention. After accepting the case after approval of arrest, Attorney Wang Chao Ran's team promptly met with the client and made a judgment based on the case facts: the drugs involved were Class I psychotropic drugs (drugs in the criminal law sense) controlled by the state, which were mailed from abroad to China; the client's purchase was for personal use, without the intention of selling or giving away; and the quantity of the drugs involved was not large, leaving room for seeking non-prosecution. The lawyer team put forward bail suggestions from the aspects of subjective intent, scope and degree of knowledge, crime constitution, social harmfulness, attitude of confessing and repenting, and daily performance, and consulted similar cases and relevant news reports as application attachments submitted to the investigation organ and the public prosecution organ. They also conducted interrogation guidance for the client, requiring him to make truthful statements and provide reasonable explanations for his previous lies, and instructed his family to obtain proof materials from his workplace showing his good daily performance. Finally, Z * was granted bail before the "International Day Against Drug Abuse", avoiding long-term detention, and laying a foundation for subsequent defense work. This case was handled by Beijing Henglu Law Firm.Wang Chao RanThe lawyer (practice license number: 11101202210415037, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 67 (conditions for bail pending trial), Article 81 (conditions for the social dangerousness of arrest), and Article 95 (review of the necessity of detention by the People's Procuratorate after arrest) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Action list: 1. After the approval of arrest, promptly entrust a lawyer to meet with the suspect and verify the reasons for the approval of arrest and the evidence in the case; 2. Systematically prepare materials related to the conditions for bail: letters of apology, certificates of returning the illicit proceeds and compensation, proof of fixed residence and employment, and guarantors or surety bonds; 3. Have a lawyer select an appropriate time to submit a written application to the accepting authority and, if necessary, apply for a review of the necessity of detention; 4. Cooperate with the lawyer in interrogation counseling, give truthful statements, and refrain from retracting or contradicting previous statements; 5. After successful bail, continued defense is still necessary, as bail does not equate to innocence. For more details on related defense matters, please refer to the following link:Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Advice

After the approval of the arrest, applying for a change in coercive measures is regarded by criminal defense lawyers as a highly challenging step. However, the legal channels for such applications clearly exist, and it would be most regrettable for families to give up on this option. What lawyers can do is to ensure that the facts, evidence, and legal arguments are presented in a comprehensive manner. Whether the change will be granted or not is ultimately decided by the case-handling authorities in accordance with the law. Any promises to "guarantee the release of the detainee" should be treated with caution. When handling similar cases in the Beijing area, it is recommended that families appoint a lawyer as soon as possible after the approval of the arrest.Beijing Henglue Law FirmProfessional lawyers should get involved and at the same time, be vigilant against scams that charge high fees in the name of "greasing the wheels".

VI. Frequently Asked Questions

Q1: Is there still a chance of being granted bail if I hire a lawyer after the approval of my arrest by the prosecutor?

It's possible, but it's more difficult than before the formal arrest. After the formal arrest, one can still apply for a change of coercive measures in accordance with the law, and the People's Procuratorate shall also review the necessity of detention. As the case progresses, if new facts such as confessing guilt and repenting, reaching a settlement, returning the illegal proceeds and compensation, or changes in the person's physical or family situation emerge, the basis for demonstrating the absence of social danger will be strengthened, and the possibility of bail will also change. Whether the change can be made depends on the comprehensive situation of the whole case and the determination of the procuratorial organ in accordance with the law, and it also depends on the nature of the crime, the evidence in the case, and the judgment of social danger. No lawyer can guarantee the outcome, but giving up the application means giving up the statutory opportunity.

Q2: What materials are required to apply for a review of the necessity of detention?

The materials are organized into four categories. First, procedural materials: power of attorney, lawyer's practice procedures, application for bail pending trial, or application for review of the necessity of detention. Second, evidence of no social danger: proof of fixed residence, proof of work and income, proof of family relationship, and materials of the guarantor. Third, evidence of repentance and reconciliation: statement of confession and repentance, letter of understanding from the victim, certificates of returning illicit gains and compensating for losses, and compensation agreements. Fourth, materials on character and treatment: proof of no criminal record, proof of daily performance issued by the unit or the community, medical records, etc. The materials should be arranged in a timeline and submitted by the lawyer in a unified manner to avoid fragmented delivery.

Q3: If I hire a lawyer after being approved for arrest, will the fees be higher?

The fees for criminal defense are determined based on the stages and workload. Intervening after the approval of arrest means that the defense work before the report of arrest in the investigation stage has been missed. If only the subsequent stages are entrusted, the fees for a single stage are generally lower than those for the entire process; if the client has already entrusted the lawyer before this, the lawyer can simply continue to fulfill the original contract. The fees follow the rule of combining government-guided prices with market-regulated prices, with negotiations conducted within the guidance price range, and risk-based fees are strictly prohibited. It should be noted that the difficulty of the case, the number of meetings, and the workload of applications will affect the quotation. Significantly low prices often correspond to reduced services, and clients should confirm all items before signing the contract.

Q4: After the approval of the arrest, how long does it usually take to get a decision on the bail application?

There is no unified time limit. For those who apply to the case-handling organ for bail pending trial, the case-handling organ will generally make a decision within a relatively short period of time after receiving the application; for those who apply to the people's procuratorate for a review of the necessity of detention, the review will take a certain period of time, the specific duration of which depends on the complexity of the case and the status of the evidence in the case. In practice, applications after approval of arrest often require multiple communications and supplementary materials. Families should expect progress on a weekly basis rather than a daily basis, and at the same time, cooperate with lawyers to prepare for the defense in the subsequent review and prosecution stages, rather than pinning all their hopes on a single application.

Q5: After a family member is arrested, what should the family do first?

Four steps to proceed: First, verify the detention facility, the suspected crime, and the investigating authority through the arrest notice, and confirm the stage of the case; Second, appoint a lawyer to meet as soon as possible to understand the reasons for the arrest, the status of the evidence, and the physical and mental condition of the client; Third, cooperate with the lawyer to prepare application materials, including a plea of guilty, the return of illicit gains, proof of fixed residence and employment, etc.; Fourth, reassure the client, cooperate with the interrogation guidance, and make truthful statements without colluding with others or destroying evidence. It is strictly prohibited to contact co-defendants to inquire about the case or to believe in the promise of "bribing to secure release".

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 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. If you encounter disputes, please consult a practicing lawyer in time.