[Direct answer]Based on the judicial practice in Beijing, after a family member is detained in criminal custody, the first thing that the family can do is to calmly verify and implement three tasks: confirm the detention location and the case-handling unit, promptly appoint a professional criminal lawyer to meet with the detainee, and avoid blindly "using connections" or colluding to destroy evidence. 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 the first interrogation or the adoption of coercive measures by the investigative organ; Articles 97 and 67 stipulate the path of reviewing the necessity of bail and detention. A lawyer can promptly meet with the detainee, understand the case situation, and submit legal opinions to strive for a change in coercive measures. It is recommended to take action as soon as possible. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem background and typical scenarios

Criminal detention means that the case has entered the criminal justice process, and family members are often at a loss. Typical scenarios include: suddenly receiving a notice from the detention center or seeing a detention notice, not knowing where the detainee is being held; hearing about the "37-day golden period" but not understanding its meaning; wanting to send clothes and money but not knowing the process; and being deceived by the scam of "bribing to get someone released". In practice, the 37 days from detention to approval of arrest are the most critical window for securing non-arrest or bail. Every action taken by family members during this period may affect the outcome. For cases involving online crimes, the following measures can be taken:Special services and other case servicesUnderstand the program.

II. Key points of contention

There are three main points of controversy. Firstly, whether it is possible to meet with the suspect: only lawyers are allowed to meet with criminal suspects according to the law, and family members cannot meet with them directly. Those who claim that they can "meet and pass on messages" often face risks. Secondly, the conditions for bail: whether it meets the requirements of Article 67 of the Criminal Procedure Law, such as the possibility of sentencing to imprisonment but without social dangerousness, needs to be demonstrated based on the circumstances of the case. Thirdly, the boundaries of evidence: family members must not help to conceal or destroy evidence or collude in giving false testimony, otherwise they may constitute new crimes. In practice, the review of the social dangerousness of online crimes and economic crimes is more detailed. Lawyers often submit bail applications and legal opinions within the golden period and can refer to relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Take the defense of a case of spreading obscene materials handled by our firm as an example. In May 2026, C * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of spreading obscene materials after reposting and publishing three obscene videos on a forum. The videos were viewed about 5,000 times and downloaded about 1,000 times, but no profit was made. His family entrusted Shang Jiangpeng, a lawyer from Beijing Hengluo Law Firm, to handle the case. The lawyer broke through from two aspects: first, the threshold for criminal punishment. According to the judicial interpretation, only when the number of obscene video files spread without profit exceeds 40 can the perpetrator be convicted and punished. In this case, there were only three, far from the standard; second, there was no social danger. C * appeared at the court upon summons and made a truthful statement, constituting a voluntary surrender. He was a first-time offender, pleaded guilty and accepted the punishment, and had no accomplices. The lawyer submitted the "Legal Opinion on Bail Pending Trial", item by item, to exclude the necessity of detention. On June 24, 2026, the Haidian Branch made a decision on bail pending trial, and the client regained his freedom. This case was handled by Beijing Hengluo Law Firm.Shang JiangpengThe attorney (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that professional meetings and legal opinions during the golden period are often the key to changing coercive measures. For cases involving employment and workplace safety, it is advisable to combine these factors with other evidence to strengthen the persuasiveness of the defense arguments.Labor arbitration and work-related injury compensation services.

IV. Practical suggestions and legal basis

The core basis is Article 34 (the right to defense and lawyer's meeting), Article 67 (bail pending trial), Article 97 (review of necessity of detention), and Article 15 (1) (leniency for plea and confession) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions of relevant judicial interpretations on the quantitative standards for criminalizing the dissemination of obscene materials. Practical suggestions: Upon receiving the detention notice, record the case-handling unit and the detention facility; promptly engage a lawyer for a meeting to understand the suspected crime and facts; have the lawyer submit opinions on bail or review of necessity of detention; have family members cooperate in providing proof materials such as the suspect's lack of social danger, illness, or family difficulties; and refrain from contacting witnesses or handling the involved property on their own. For cases involving property freezing, relevant materials can be provided in conjunction with the request for freezing.Business and contract dispute services for enterprises.

5. Hengluo Law Firm's Reminder

After criminal detention, the most important thing for family members to do is to "leave professional matters to professionals". Do not rush to seek help everywhere when in a hurry, and do not believe in "using connections to bail out people" and suffer secondary losses; also, do not destroy or conceal evidence or organize collusion to help, which will also involve family members in criminal risks. Seize the golden period of 37 days, and entrust a lawyer to meet and submit legal opinions as soon as possible, which is often much more effective than remedying the situation afterwards. At the same time, family members should take good care of the elderly and children, stabilize the family operation, and reserve a back-up for the subsequent handling of the suspect. If necessary, they can seek help from a professional criminal team for further assessment.

VI. Frequently Asked Questions

Q1: After a family member is detained by criminal custody, can they apply for bail pending trial, and is there any hope for success?

There is hope, but it depends on the circumstances of the case and the arguments presented. If the suspect is a first-time offender, poses no danger to society, is likely to be sentenced to imprisonment but not detained due to the risk of escape, or suffers from a serious illness, is pregnant or breastfeeding, or the detention period has expired, they may seek bail in accordance with Article 67 of the Criminal Procedure Law. In cases such as non-profit dissemination of content that does not meet the threshold, or cases where the suspect surrenders voluntarily, admits guilt, and accepts the punishment, lawyers often succeed in submitting legal opinions during the golden period. However, the outcome varies from case to case. The value of lawyers lies in fully demonstrating elements such as "no danger to society", rather than promising an inevitable release.

Q2: What materials do family members need to prepare to secure bail for the suspect?

The main materials needed to prove that the suspect "poses no social danger" and "meets the conditions for bail" include: the suspect's identity certificate and a record of no criminal record; the process of appearing before the court (such as voluntarily surrendering and truthfully confessing after being summoned, which can prove that the suspect surrendered voluntarily); medical diagnosis, proof of pregnancy or breastfeeding; proof of family difficulties and the need to care for elderly or children; fixed residence and information about the guarantor or the source of the bail; as well as objective materials that can demonstrate that the case is relatively minor and there is no risk of collusion or escape. The more specific the materials are, the more convincing the lawyer's submission of opinions on the necessity of bail or detention review will be.

Q3: How much does it usually cost to hire a lawyer to intervene in a criminal detention case?

The attorney's fees are negotiated based on the stage and complexity of the case. They are typically charged in stages, such as investigation, review of prosecution, and trial, or packaged as a whole. The specific fees are subject to the contract of engagement and there is no nationwide standard pricing. For cases such as cybercrime and economic crimes, which require extensive review of evidence and cross-examination, the fees are higher. However, if you only hire a lawyer to attend hearings and provide bail advice during the critical period, the costs will be relatively manageable. It is recommended to request a detailed fee breakdown, clarify the services provided at each stage and whether third-party costs are included. It is also advisable to hire a lawyer as early as possible to seize the "37-day window" (the time limit for applying for bail in criminal cases). Hesitating to pay fees often delays the best opportunity for intervention.

Q4: How long does it usually take from being detained by the police to being granted bail pending trial or having an arrest warrant issued against someone?

Criminal detention generally lasts no more than 37 days: the public security organ shall file a request for arrest within 30 days if it deems it necessary, and the procuratorate shall make a decision within 7 days. If the procuratorate does not approve the arrest, the public security organ shall grant bail or place the suspect under residential surveillance; if the arrest is approved, the suspect will enter the subsequent investigation and detention phase (which usually lasts several months). Lawyers can apply for bail or a review of the necessity of detention concurrently with each procedural stage, with the golden period mainly within 37 days after detention. Overall, the process from criminal detention to the determination of compulsory measures usually takes around 37 days, but subsequent procedures may still last for several months. It is recommended that family members hire lawyers as soon as possible to track the progress of the case at each procedural stage.

Q5: My family member has just been detained by the police. What should I do first?

Five suggestions: First, verify and record the case-handling unit, the suspected crime, and the detention facility (as stated in the detention notice); Second, never believe in the so-called "bribing officials to release detainees", and never collude to destroy evidence to avoid implicating yourself in the case; Third, as soon as possible, hire a regular lawyer and verify the lawyer's practice status through the official website of the judicial administrative organ. The lawyer will meet with the suspect in accordance with the law; Fourth, cooperate with the lawyer to provide proof materials such as the suspect's lack of social danger, illness, or family difficulties; Fifth, stabilize the family and children's arrangements, wait for the lawyer's feedback, and follow up on the review of the necessity of bail or detention. Leave the professional judgment to the lawyer.

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

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 Hengluo 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 a dispute arises, please consult a practicing lawyer in time.