[Direct answer]When looking for a criminal defense lawyer, the following four key points should be verified: The lawyer's practice license number can be checked with the judicial administrative authority; the lawyer must be authorized by a law firm and sign a written contract; the lawyer must have practical experience in handling similar crimes and key procedures such as bail pending trial and review of the necessity of detention; and the lawyer must be able to meet with the client and get involved in the case as soon as possible within the golden period of 37 days after criminal detention. According to Article 34 of the Criminal Procedure Law, suspects can appoint a defense lawyer from the day they are first interrogated or subject to compulsory measures, and only lawyers can be appointed during the investigation period. Anyone who advertises "connections to bail out people" or "guarantee release" or charges fees privately should be vigilant. Beijing Henglu Law FirmCriminal defense teamHandle defense cases such as bail application, review of the necessity of detention, and non-prosecution, etc. For more details, please refer to the following link:Beijing 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 provision stipulates that, from the date of the first interrogation or the adoption of coercive measures by the investigative organ, the criminal suspect has the right to appoint a defense attorney; during the investigation period, only lawyers can be appointed as defense attorneys. The legislative purpose is to enable the right of defense to intervene as early as possible: from the first day of criminal detention, lawyers can meet with the suspect, understand the suspected charges, apply for a change in coercive measures, and provide legal advice. For families, this means that the time window for selecting a lawyer is very short. They should start the process as soon as they receive the detention notice, rather than waiting until the case enters the trial stage to find a lawyer.

2. Articles 13 and 25 of the Law of the People's Republic of China on Lawyers (amended on September 22, 2017)

Article 13 clearly stipulates that individuals who have not obtained a lawyer's practice certificate shall not engage in legal services business in the name of a lawyer; Article 25 requires lawyers to accept entrustments from law firms and sign written entrustment contracts with clients, and to collect fees in accordance with national regulations and record them accurately. These two articles are the direct basis for identifying genuine and fake lawyers: regular lawyers can verify their practice certificate numbers and have their cases accepted and invoiced by law firms; anyone who claims to be a lawyer but cannot present a practice certificate, demands payment to a personal account, or refuses to sign a written contract does not meet professional standards and poses a risk of being cheated.

3. Practical judgment criteria (practical standards for determining whether a lawyer is reliable)

In practice, to determine whether a criminal defense lawyer is reliable, there are generally three aspects to consider: first, check the lawyer's professional information by verifying their name, license number, and practicing institution through the judicial administrative authorities or lawyers' associations; second, assess their relevant experience, including whether they have handled specific procedural stages such as bail pending trial, review of detention necessity, and non-prosecution, and whether they can explain the case-handling approach clearly; third, evaluate the quality of communication. A reliable lawyer should objectively analyze the case's legal pathways and potential risks rather than making hasty conclusions. Lawyers who promote services based on "connections" or "guaranteed release" often engage in illegal activities or even fraud. In such cases, families often lose both their money and their loved ones after making payments.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:On July 13, 2024, A * was criminally detained by the Daxing Branch of the Beijing Municipal Public Security Bureau on suspicion of intentional injury. On July 26 of the same year, he was approved for arrest and detained in the Daxing District Detention Center. His family was very anxious and consulted various people about "whether it is still possible to obtain bail after arrest" and "whether it is still useful to hire a lawyer". In the end, they entrusted Beijing Henglu Law Firm to handle the case for them.Lu XiaoxueThe lawyer acted as the defender. By this time, the case had long exceeded the "Golden 37 Days" period, and it was extremely difficult to apply for a change of coercive measures after the approval of the arrest.

The focus of the controversy:First, whether the legal conditions for bail pending trial still exist after being approved for arrest; Second, whether A * has the social dangerousness listed in Article 81 of the Criminal Procedure Law; Third, if the necessity of detention review is applied for outside the golden period, how to convince the procuratorial organ with evidence.

Our position and that of the other party are as follows:A * and his family hope to change the compulsory measures as soon as possible and regain their freedom. The investigative organ applied for and obtained approval to arrest him on suspicion of intentional injury, with the focus on the injury appraisal, the cause of the incident, and the responsibilities of both parties.

Attorney's Strategy and Legal Opinions:After meeting with the client several times, Attorney Lu Xiaoxue first applied to the investigative organ for bail pending trial. After the public security organ refused to change the measure of detention, she then applied to the procuratorial organ for a review of the necessity of detention, putting forward three reasons: A * voluntarily admitted guilt and showed remorse, and he and his family have reached an understanding with the victim and made a truthful statement; he is a first-time offender who committed the crime due to a trivial dispute, with little subjective malice; there is no possibility of committing new crimes, destroying evidence, colluding with accomplices, or fleeing. According to the principle of minimizing arrests and detentions, there is no need to continue detaining him.

The court's reasoning and case handling results:After review, the procuratorial organ determined that there was no need to continue detaining A*, and decided to change the compulsory measures to bail pending trial. The party concerned was released from detention and regained freedom after the approval of the arrest. This case shows that even if you miss the golden period, if you choose the right lawyer and use the right procedures, there is still substantial room for defense after the approval of the arrest.

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (Practice Certificate No.: 11101202311685747, subject to the certificate issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: How can I verify the authenticity of criminal lawyers found online?

The most straightforward approach is to verify the practitioner's professional information. Legitimate lawyers hold practice certificates issued by the judicial administrative authorities, and their names, practice certificate numbers, and practice institutions can be checked through the public platforms of the judicial administrative authorities or lawyers' associations. When entrusting a lawyer, a written contract should be signed with the law firm, and the law firm should collect fees and issue receipts centrally, rather than transferring money to individuals. According to Article 13 of the Lawyers Law, individuals who have not obtained practice certificates are not allowed to practice in the name of lawyers. Anyone who refuses to show their documents or demands payment in cash or to a personal account should immediately cease contact with them.

Q2: Is it better to hire a local lawyer or an out-of-town lawyer?

It is generally recommended to prioritize lawyers based in the place where the case is handled: it's more convenient to meet with clients, and they are familiar with the local detention center's visiting procedures and the case-handling authorities' procedural practices, which results in lower communication costs. For major and complex cases, lawyers based in the place where the case is handled can also collaborate with lawyers from other regions, balancing local experience and professional depth. The decisive factor is not whether the lawyer is local or from another region, but whether the lawyer has been handling similar crimes for a long time and whether they can meet with clients and submit legal opinions in a timely manner within the golden period of 37 days. Families should use this as the core criterion for selecting lawyers.

Q3: The lawyer said that bail can be granted and the person can be released. Is that credible?

It is not advisable to be too trusting. Whether to grant bail in a criminal case and how to handle it are decided by the case-handling authorities in accordance with the law, and no one can guarantee the outcome. Article 12 of the "Measures for the Administration of Lawyers' Service Fees" explicitly prohibits risk-based representation in criminal litigation cases, and promises such as "no fees if unsuccessful" are inherently unlawful. Professional lawyers will conduct a case analysis based on legal conditions, evidence, and procedural paths, providing an objective assessment rather than guarantees. When encountering promises of guaranteed outcomes to secure clients, regardless of the fees charged, one should reconsider the professionalism of the lawyer in question.

Q4: How long will it take for the lawyer to meet the client after the entrustment?

According to Article 39 of the Criminal Procedure Law, if a defense lawyer holds a lawyer's practice certificate, a certificate from the law firm, a power of attorney, or a legal aid letter and requests to meet with a detained criminal suspect, the detention center shall arrange the meeting promptly, but no later than 48 hours; for cases involving crimes against national security or terrorist activities, the meeting during the investigation period requires the permission of the investigating organ. In practice, the first meeting is usually arranged within a few days after the completion of the entrustment procedures. The earlier the entrustment is completed, the more timely the lawyer can understand the charges and case circumstances and apply for bail.

Q5: What materials should I prepare for my first meeting with a lawyer?

It is recommended to bring the following documents: the detention notice or arrest notice (specifying the suspected crime and the case-handling unit), the household registration booklet or marriage certificate (for handling the entrustment procedures), the client's medical records or a statement of special circumstances (such as illness or pregnancy directly related to bail), and information about the known case process and the possibility of compensation and reconciliation. The more complete the materials are, the faster the lawyer can determine the stage of the case, the degree of social danger, and the scope of defense. The interview can help form a preliminary plan and a fee framework for the case.

IV. Suggestions for Protecting Rights

  • After the family member was detained by the police, the screening process was immediately initiated, with priority given to lawyers who could arrange meetings and were familiar with similar crimes.
  • Check the practicing license number and the practicing institution, sign a written contract with the law firm, and refuse to pay to the personal account.
  • Be vigilant against the rhetoric of "using connections to bail people out" and "guaranteeing their release". Such promises are illegal and often involve fraud.
  • When attending the interview, please bring materials such as the detention notice and medical records. First, ask the lawyer to provide a procedural path and risk analysis before deciding to hire them.
  • After entrusting the lawyer with the case, maintain communication, promptly provide materials that are favorable to the case, such as compensation agreements and settlements, and cooperate with the lawyer to advance procedures like bail application.

If you are 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 Lu Xiaoxue·Beijing Henglue Law Firm