[Direct answer]When a family member is detained in criminal custody, the family should do four things immediately: verify the suspected crime, the detention location, and the case-handling unit; as soon as possible, hire a lawyer to meet with the client and understand the case; don't easily believe in "using connections to bail someone out" to avoid being cheated; and send necessary daily necessities through the case-handling authority. According to Article 93 of the Criminal Procedure Law, the detention center should arrange a meeting within 48 hours after the lawyer presents the three certificates. Beijing Henglu Law FirmCriminal defense teamHowever, we can intervene and arrange a meeting at the earliest opportunity. For more details about the relevant services, please refer to the following linkBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The criminal suspect has the right to appoint a defense attorney from the moment he/she is first interrogated or subjected to compulsory measures; during the investigation, he/she can only appoint a lawyer. The family's appointment on behalf of the suspect is the first step in initiating the defense. After the lawyer gets involved, he/she can meet with the suspect, understand the suspected charges, and apply for a change in compulsory measures. The earlier the lawyer gets involved, the better the chances of seizing the golden rescue period.

2. Article 93 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

After the suspect is detained in the detention center, the investigating organ shall notify the family within 24 hours; if the defense lawyer holds a practicing certificate, a certificate from the law firm, and a power of attorney and requests to meet the detained person, the detention center shall arrange the meeting in a timely manner and no later than 48 hours. This regulation guarantees the right to meet, which is a key time point after the family hires a lawyer.

3. Practical adjudication guidelines (golden period and evidence collection)

In practice, the maximum detention period of 37 days (30 days of detention plus 7 days of review and arrest) is a critical window for securing a refusal of arrest; the most common pitfalls for families are seeking help from unrelated individuals for "bribes", transferring money to unrelated individuals, and missing the opportunity to appoint a lawyer. The standard approach is to immediately appoint a lawyer, fix favorable circumstances, and apply for bail or a review of the necessity of detention in accordance with the law. It is particularly important to note that the investigative organ handles bail applications quickly and the window of opportunity is short. Lawyers should submit written opinions within a few days after the meeting, as delays often result in missing the best opportunity to change the coercive measures.

II. Real Cases of Henglue Law Firm (Detailed Review)

Review of the case:In May 2026, C* was criminally detained by the Haidian Branch for allegedly 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 was extremely worried and immediately hired Beijing Henglu Law Firm to handle the case.Shang Jiang PengAttorney. During the investigation period, the attorney met with C* to verify the following facts: C* was a first-time offender, confessed truthfully after being summoned, voluntarily admitted guilt and accepted the punishment, and had no intention of making a profit from the crime.

The focus of the controversy:First, whether the dissemination of the three videos without profit-making purposes meets the legal threshold for criminal prosecution; second, how to evaluate the circumstances of C's voluntary surrender and confession of guilt and acceptance of punishment; third, whether it is necessary to continue detaining him.

Our position and that of the other party are as follows:The family members hope to change the coercive measures and be released as soon as possible; the investigative organ is concerned about the number of videos, the number of views and downloads, and the social impact.

Attorney's Strategy and Legal Opinions:Attorney Shang Jiangpeng went to Haidian Detention Center to meet with the detainee as soon as possible and submitted the "Legal Opinion on Bail Pending Trial" to the branch office, arguing four points: the number of videos far from reaching the threshold for criminal prosecution of 40; browsing and downloading cannot substitute for the number of videos; the detainee's truthful confession after being summoned to the scene constitutes a voluntary surrender and plea of guilty and punishment; excluding social dangerability item by item; and the necessity of continued detention is zero. He also cited the policies of minimizing arrests, prosecutions, and detentions to strengthen his argument.

The court's reasoning and the outcome of the case:On June 24, 2026, the Haidian Branch determined that C might be sentenced to fixed-term imprisonment but that granting him bail would not pose a danger to society. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, the branch decided to grant him bail pending trial, and the defendant was released. This case shows that if family members hire a lawyer as soon as possible and submit bail opinions during the golden period, there is indeed substantial room for improvement.

This case is handled by Beijing Henglu Law FirmShang Jiang PengThe attorney (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How long will it take for family members to find out where the detainee is being held?

According to Article 93 of the Criminal Procedure Law, the suspect's family should be notified within 24 hours after the suspect is detained (except in cases where it is impossible to notify them or where the case involves endangering national security, etc.). The family can use the detention notice to confirm the detention location and the case-handling unit, and then hire a lawyer to meet with the suspect based on this information.

Q2: Can family members directly meet their detained relatives?

During the investigation stage, family members are generally not allowed to meet with the detainee, and they can only entrust lawyers to meet with them in accordance with the law and with the three certificates. Lawyers' meetings are not monitored, and they can understand the case, convey concerns, and provide legal assistance. This is the main channel for family members to obtain information.

Q3: Is it believable that someone can use their connections to help others get out of trouble?

I can't believe this. Any attempt to "bribe officials to secure release" or "arrange bail" is suspected of fraud and violations of regulations, which is not only illegal but also prone to causing property losses. The only legal channels are for lawyers to apply for bail according to the law, conduct a review of the necessity of detention, or seek non-prosecution. Please do not transfer money to unrelated individuals for bribes.

Q4: How can I deliver daily necessities there?

Through the transfer by the case-handling authorities or detention centers in accordance with regulations, the money and clothes must meet the supervision requirements and cannot contain any prohibited items. For specific details, please refer to the notifications from the detention facilities. Family members can inquire by phone and handle the relevant matters at the designated window.

Q5: After hiring a lawyer, what else do family members need to do to cooperate with them?

Provide the lawyer with a full account of the client's background, clues to the case, and the possibility of reaching a compensation agreement. Cooperate in collecting evidence demonstrating the absence of social danger (such as fixed residences, workplace certificates, and medical records), pay fees on time, maintain communication, and jointly advance procedures such as obtaining bail.

IV. Suggestions for Protecting Rights

  • Upon receiving the detention notice, first record the suspected charges, the place of detention, and the case-handling unit, and then immediately contact a lawyer.
  • We reject any tactics of "relationship fees" or "guaranteed wins", and only pursue legal defense and bail procedures in accordance with the law.
  • After appointing a lawyer, arrange a meeting within 48 hours to seize the golden rescue period of 37 days.
  • Work with lawyers to prepare materials demonstrating the absence of social danger, and actively strive for compensation and understanding to reduce the risk of detention.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, in order to avoid missing the statutory time limits. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue Law Firm