[Direct answer]After being criminally detained, family members can hire a lawyer at any time. There are no time restrictions in law, and in principle, the earlier the better. According to Article 34 of the Criminal Procedure Law, suspects have the right to hire a defense attorney from the day they are first interrogated or subjected to compulsory measures. During the investigation period, they can only hire lawyers. After the lawyer completes the entrustment procedures, if they request a meeting with the detainee holding a practicing certificate, a law firm certificate, and a power of attorney, the detention center shall arrange it promptly, but no later than 48 hours. During the investigation stage, family members cannot directly meet the detainee. Hiring a lawyer to meet with the detainee is the main channel for understanding the case and applying for bail. It is particularly important to do so within 37 days after detention. Beijing Henglue Law FirmCriminal defense teamMeetings can be arranged. For more details, please refer to the following link.Beijing Henglue 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 article confirms that from the date of the first interrogation by the investigating organ or the adoption of coercive measures, the criminal suspect has the right to appoint a defense attorney; during the investigation, only lawyers can be appointed as defense attorneys. That is to say, lawyers can be invited to meet with the suspect from the first day of criminal detention, and there is no restriction that "you have to wait a few days to hire a lawyer". In practice, what really affects the timing is not the legal threshold, but the speed of the family's response: the earlier the lawyer is appointed, the more likely the lawyer will be able to understand the case before the review and arrest, submit legal opinions to the case-handling organ, and apply for bail pending trial.

2. Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

When defense attorneys hold a lawyer's practice certificate, a certificate of the law firm, and a power of attorney or a legal aid letter and request to meet with the detained criminal suspects or defendants, the detention center shall arrange the meeting in a timely manner, and the meeting shall not be delayed for more than 48 hours. During the meeting, defense attorneys are not subject to wiretapping and can obtain information about the case and provide legal assistance. From the date the case is transferred for examination and prosecution, they can also verify relevant evidence with the criminal suspects or defendants. During the investigation of crimes endangering national security and terrorist activities, the meeting must be approved by the investigating organ and is a statutory exception.

3. Practical judicial interpretation (timing of the meeting and the "golden 37 days")

In practice, the maximum duration of criminal detention is 30 days, plus seven days for the procuratorate to review the arrest, collectively known as the "Golden 37 Days", which is a critical window for securing non-approval of arrest and bail pending trial. The detention center usually arranges lawyer meetings within a few days after the entrustment, with slight delays in individual cases due to hearings and other reasons. There are two common pitfalls that families are most likely to fall into: first, mistakenly believing that they need to wait until the trial to hire a lawyer, thus missing the bail window; second, believing in the misconception that "first bribe the authorities and then find a lawyer", which not only delays the opportunity but also causes losses. The correct approach is to entrust a lawyer immediately upon receiving the detention notice, and let the lawyer arrange the meeting and submit written opinions to the case-handling organ.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In May 2026, C was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials after reposting and publishing three obscene video files on a forum. He was detained in Haidian Detention Center. The posts were viewed about 5,000 times and downloaded about 1,000 times, but no profits were made. His family was very anxious and immediately entrusted the Beijing Henglu Law Firm to handle the case.Shang Jiang PengA lawyer. On the day he took over the case, the lawyer went to the detention center to meet with the client and verify the number of posts, the motives behind them, and the client's appearance in court. This was during the golden period of the investigation.

The focus of the controversy:First, whether the number of reposts meets the statutory threshold for criminal prosecution; second, how to evaluate the circumstances of voluntary surrender and admitting guilt and accepting punishment; third, whether it is necessary to continue detention.

Our position and the position of the other party are as follows:The family members hope to secure bail and early release; the investigative organ has taken coercive measures against him on suspicion of disseminating obscene materials, focusing on the number of videos, the number of views and downloads, and the social impact.

Attorney's Strategy and Legal Opinions:After the meeting, Attorney Shang Jiangpeng submitted the "Legal Opinion on Bail Pending Trial" to the Haidian Branch of the Public Security Bureau, arguing four points: the number of videos far from reaching the threshold of 40 for non-profit dissemination; the number of views cannot replace the quantitative element; being summoned to the scene and giving a truthful statement constitutes voluntary surrender, which can be legally leniently punished if combined with pleading guilty and accepting the punishment; excluding social dangerousness item by item, with no possibility of collusion, destruction of evidence, or escape; and in combination with the policy of minimizing arrests, prosecutions, and detentions, there is no necessity for continued detention.

The court's reasoning and case handling results:On June 24, 2026, the Haidian Branch determined that C * might be sentenced to fixed-term imprisonment or a more severe punishment, but the bail would not pose a danger to society. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, the court decided to grant bail pending trial. The suspect was detained for about 25 days before being released. This case shows that the earlier the attorney is engaged, the more timely the meeting is, and the more comprehensive the bail argument is, the greater the value of the "golden period".

This case is handled by Beijing Henglu Law FirmShang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Can family members visit the detention center to meet the detainees by themselves?

During the investigation stage, family members are generally not allowed to meet with detained suspects, and only defense lawyers can meet with them in accordance with the law. What family members can do is to confirm the place of detention and the case-handling unit after receiving the detention notice, and to entrust a lawyer as soon as possible to understand the case, convey the family's concerns, and provide legal assistance. Lawyer's meetings are not monitored, which is the main channel for family members to obtain the real situation of the client. If someone claims that "you can arrange a meeting with family members by paying money", it can be basically judged as a scam, so don't transfer money.

Q2: How much information can a lawyer obtain about a case during a single meeting?

The first meeting usually involves verifying the suspected charges and the suspect's appearance in court, the suspect's statements and defenses, and their physical and living conditions. The lawyer also informs the suspect of their litigation rights and the procedural progress. From the date the case is transferred for review and prosecution, the lawyer can also verify relevant evidence with the suspect. The frequency and depth of the meetings depend on the complexity of the case. Defense lawyers are not monitored during the meetings, allowing them to fully communicate their defense strategies. Family members can prepare the questions they want to verify in advance and provide them to the lawyer, thereby improving the efficiency of the meetings.

Q3: What should I do if I haven't received the detention notice yet?

According to Article 93 of the Criminal Procedure Law, after the criminal suspect is detained in the detention center, unless it is impossible to notify the family or the suspect is suspected of crimes endangering national security or terrorist activities, which may hinder the investigation, the investigative organ shall notify the family within 24 hours. If no notification is received within a reasonable time, you can contact the case-handling unit to inquire, or entrust a lawyer to verify the detention situation with the detention center and the case-handling organ with the necessary documents, without having to wait passively.

Q4: What is the maximum length of criminal detention?

If the public security organ deems it necessary to arrest a suspect, it shall generally submit the case to the procuratorate for review and approval within three days after the suspect is detained. Under special circumstances, the time limit may be extended by one to four days. For major suspects who commit crimes in a roving manner, repeatedly commit crimes, or commit crimes in gangs, the time limit for submitting the case for review and approval may be extended to 30 days. Adding the seven-day review period of the procuratorate, the maximum time limit is usually 37 days. After that, whether to arrest the suspect, grant bail, or place him under residential surveillance depends on the review results. It is most valuable to engage a lawyer during this critical period.

Q5: What procedures do I need to go through to authorize a lawyer to meet with me?

The family members need to provide identity documents and proof of kinship (such as household registration books and marriage certificates), sign a written power of attorney with the law firm, and have the law firm issue a certificate and authorize the lawyer. With the lawyer's practice certificate, the law firm's certificate, and the power of attorney, the lawyer can request a meeting with the detention center, which will arrange the meeting within 48 hours at the latest. Under normal circumstances, the first meeting can be completed within a few days after the power of attorney is signed, without any additional "connections" required.

IV. Suggestions for Protecting Rights and Interests

  • Upon receiving the detention notice, first confirm the charges, the detention location, and the case-handling unit. You can initiate the entrustment process on the same day.
  • Preferentially choose a law firm that can arrange a meeting at the earliest opportunity, and seize the golden period of 37 days to submit the opinion on bail application.
  • Organize the client's medical records, employment certificates, and other materials for the lawyer to demonstrate that the client poses no social danger.
  • Don't believe the claims of "spending money to arrange a meeting with family members" or "using connections to secure a person's release". All meetings must be conducted through lawyers in accordance with the law.
  • Keep communicating with the lawyer, provide clues for compensation and reconciliation in a timely manner, and accumulate evidence for bail and subsequent defense.

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