[Direct answer]It is better to hire a lawyer as soon as possible in criminal cases, and the best time is when the investigative organ interrogates the suspect for the first time or takes compulsory measures against him. According to Article 34 of the Criminal Procedure Law, the suspect has the right to appoint a defense attorney at this time, and during the investigation period, he can only appoint a lawyer. Early intervention can help complete the meeting, clarify the case, and submit an application for bail during the golden period of up to 37 days after detention; after the lawyer requests a meeting, the detention center shall arrange the meeting within 48 hours at the latest (Article 39). If the lawyer is hired only at the trial stage, key opportunities such as not approving the arrest or not prosecuting will have been missed. After the family receives the detention notice, they should immediately hire a lawyer.Criminal defense lawyerInterventional assessment.

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 stipulates the starting point of entrusting defense: from the date when the suspect is first interrogated by the investigation organ or subjected to compulsory measures, he/she has the right to entrust a defense attorney, and during the investigation period, he/she can only entrust a lawyer. The legislative purpose is to allow professional defense to intervene at the earliest stage of the investigation, which may most affect the outcome of the case: at this time, the evidence has not been fully fixed, and the lawyer can timely understand the suspected crime, put forward legal opinions, and apply for the change of compulsory measures. Detained suspects can also be entrusted by their guardians or close relatives. The key points of application are: there is no need to wait for the result of the approval of the arrest warrant for entrustment, and the earlier the better.

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 from the law firm, and a power of attorney and request to meet with detained criminal suspects, the detention center shall arrange the meeting promptly, but no later than 48 hours; for cases involving crimes endangering national security and terrorist activities, the meeting must be approved by the investigative organ during the investigation period. The meeting shall not be monitored. Lawyers can use this opportunity to understand the case, provide legal advice, and file appeals and complaints on behalf of the detained parties. This is the main channel for detained parties to communicate with the outside world and also a prerequisite for evaluating the case and formulating a defense plan.

3. Practical adjudication guidelines (intervention timing and case-handling window)

In practice, the maximum period of 37 days after detention (30 days for applying for arrest and 7 days for review by the procuratorate) is the golden window for striving to avoid arrest and obtaining bail pending trial; the review and prosecution stage is the key period for promoting non-prosecution and light-sentence defense; and the trial stage focuses on cross-examination and sentencing. The later lawyers get involved, the narrower the scope of intervention will be. The most common pitfalls that clients fall into are "wait and see" and "use connections to smooth things over", which not only miss opportunities but also make them easy to be cheated. The standard practice is to entrust a lawyer on the same day of receiving the notice.Beijing Henglu Law FirmAfter the professional team evaluates the case, the process will proceed in stages.

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 for allegedly disseminating obscene materials after reposting three obscene videos on a forum. He was detained in the Haidian Detention Center. The three posts had a total of about 5,000 views and about 1,000 downloads, but C did not profit from them. After learning about this, his family was extremely worried and immediately entrusted the Beijing Henglu Law Firm to handle the case for them.Shang JiangpengAt this moment, the lawyer is in the prime period to strive for bail pending trial.

The focus of the controversy:First, whether the dissemination of the three videos without profit-making purposes meets the statutory threshold for criminal prosecution; Second, how to evaluate the circumstances of voluntary surrender and admission of guilt and punishment; Third, whether it is necessary to continue detaining the suspect.

Our position and that of the other party are as follows:The family members hope to minimize the punishment and strive to change the coercive measures so as to regain their freedom as soon as possible; the investigative organ pays attention to 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 the detention center to meet with the client as soon as possible, verified the number of posts, the motives and the process of appearing in court, confirmed that the client was a first-time offender, truthfully confessed after being summoned, pleaded guilty and accepted the punishment, and had no profit-making intentions. After that, he submitted the "Legal Opinion on Bail Pending Trial" to Haidian Branch, which argued four points: the number of videos was far below the threshold of 40 for criminal prosecution, and the number of views and downloads could not replace the actual number; appearing in court and truthfully confessing constituted voluntary surrender and pleading guilty and accepting the punishment, so the client could be given a lenient punishment according to law; excluding the social dangerability item by item; and citing the criminal justice policy of cautious arrest, prosecution, and detention to strengthen the argument.

The court's reasoning and case handling results:On June 24, 2026, the Haidian Branch of the Public Security Bureau issued a decision on bail pending trial, determining that there was no risk of social danger in granting bail according to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law, and the client was released. This case demonstrates the value of "appointing a lawyer as soon as possible": it was the meetings and written opinions during the golden period that secured substantial room for bail application.

This case is handled by Beijing Henglu Law FirmShang Jiang PengAttorney (Practice Certificate No.: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acting as an agent.

III. Frequently Asked Questions

Q1: Can hiring a lawyer in a criminal case guarantee acquittal?

No, any promise of "guaranteed victory" or "guaranteed acquittal" is not compliant with regulations. The role of a lawyer is to present materials and opinions based on facts and laws to prove innocence, mitigate or exempt criminal responsibility (Article 37 of the Criminal Procedure Law), and influence the determination of the nature of the crime and sentencing through meetings, review of case files, and cross-examination. The court adjudicates the criminal outcome according to the law, and responsible lawyers will only objectively assess the risks and defense opportunities, and will not solicit clients by promising results. When encountering such rhetoric, one should be vigilant.

Q2: What materials should family members prepare before hiring a lawyer?

Prepare the detention notice or information about the case-handling unit, and confirm the suspected crime and the place of detention; bring along proof of kinship such as household registration books and marriage certificates to facilitate the handling of entrustment procedures; sort out the client's appearance at the scene, physical condition, whether he/she has a criminal record, family difficulties, and other background clues. It's not necessary to have all the materials. Key information is enough to start the meeting. The lawyer will supplement and refine the materials after the meeting. Never inquire about the case from co-defendants on your own, so as not to interfere with the investigation.

Q3: How much does it cost to hire a lawyer for a criminal case?

Criminal defense fees are subject to government-guided pricing. They are usually charged separately according to the stages of investigation, review of prosecution, first-instance trial, etc., or negotiated on a per-case basis, which is influenced by the nature of the crime, its difficulty, and procedural milestones. According to Article 12 of the "Measures for the Management of Lawyer Service Fees", risk-based fees are prohibited in criminal cases, and the practice of "no fee if no success" is not compliant with regulations. It is recommended that after a face-to-face evaluation, the law firm should provide a phased plan and sign a written contract, rather than simply comparing the bids based on price alone.

Q4: Is it still useful to hire a lawyer if we miss the investigation stage?

It's useful, but the scope of action is limited. During the review and prosecution stage, lawyers can still review the case files, push for non-prosecution or put forward opinions on the lightness of the crime; during the trial stage, they can cross-examine witnesses, defend the client, and strive for probation or a light sentence; after the approval of arrest, they can also apply for a review of the necessity of detention. However, once a one-time opportunity such as non-approval of arrest is missed, it cannot be repeated, and the cost of remedying the situation will be higher. The later the intervention, the more passive the fixation of evidence and favorable circumstances will be. Therefore, it is still recommended to entrust a lawyer as soon as possible rather than waiting.

Q5: What should I do first now?

Immediately verify the suspected charges, the detention location, and the case-handling unit, and appoint a criminal lawyer to meet with the client on the same day; after the meeting, the lawyer will evaluate the case and submit an application for bail or legal opinions. At the same time, transfer daily necessities and deposit a small amount of money according to the regulations of the detention center. Throughout the entire process, we will refuse to engage in "using connections to bail out people" or "spending money to bail out people", and only follow the path of legal defense. Family members should keep their phones open to cooperate with lawyers in providing supplementary materials.

IV. Suggestions for Protecting Your Rights

  • On the day of receiving the detention notice, verify the charges and the place of detention, and simultaneously appoint a lawyer, without waiting overnight.
  • Seize the golden period of 37 days after detention, and ask the lawyer to submit the opinion on refusing to approve the arrest and granting bail for pending trial as soon as possible after the first meeting.
  • Reject promises of "guaranteed wins" and "relationship fees". Criminal cases are prohibited from using risk-sharing agreements by law, so be careful not to be cheated.
  • Keep the power of attorney and payment receipts throughout the process, cooperate with the lawyer to supplement the evidence materials, and advance the defense according to the milestones.

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