[Direct answer]There's no guarantee. Whether the bail pending trial is granted or not is decided by the case-handling organ in accordance with Article 67 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018). Lawyers are also not allowed to make promises about the outcome of the case according to the law. What they can do is to fully demonstrate the facts and evidence that meet the conditions for bail, and increase the probability of approval. To judge whether a lawyer is reliable, see whether he can explain the conditions for bail, evaluate the risks in writing, and provide a verifiable work plan, rather than making verbal guarantees. Those who charge high fees on the basis of guaranteeing successful bail should be vigilant. You can first check throughCriminal defense and legal services for criminal case filingOrBeijing Henglu Law FirmUnderstand the process of applying for bail.

I. Problem Background and Typical Scenarios

After the criminal detention, the families are in a state of high anxiety. Some intermediaries and agencies take advantage of this situation to attract clients with slogans such as "guaranteed bail through connections", "guaranteed release", and "refund if unsuccessful", charging exorbitant fees but providing no substantive professional services. It must be clarified that the decision-making power over bail pending trial lies with the public security organ, the procuratorate, or the court. Factors considered include the possible sentence, social danger, case evidence, and the policy guidance of lenient prosecution and cautious detention. No one can make decisions on behalf of the case-handling organ. Typical scenarios include: intermediaries claiming that paying money can secure bail; lawyers only collecting fees after accepting the case but not meeting with clients; and families being delayed by these tactics, missing the golden period of 37 days after criminal detention for the review of approval of arrest by the procuratorate. Understanding the decision-making mechanism is the first step in identifying false promises.

II. Key points of dispute

  • Breach of commitment: The Code of Conduct for Lawyers stipulates that lawyers are not allowed to make improper promises about the outcome of cases. Any promotion that makes the successful obtaining of bail a condition of the transaction itself deviates from the requirements of legal practice. Such promises lack any credible basis, and it will be difficult to hold the lawyer accountable if something goes wrong.
  • The objectivity of bail conditions: According to Article 67 of the Criminal Procedure Law and Article 3 of the "Regulations on Several Issues Concerning Bail Pending Trial" (revised in 2022), whether to grant bail depends on statutory requirements such as the expected punishment and social dangerousness. The evidence and circumstances determine the outcome, not oral guarantees.
  • Identifying the value of services: Reliable lawyers provide services such as meetings, condition assessments, written applications, and follow-up communication, with fees proportional to the workload. High-priced fees advertised with results often lack clear service standards, making it difficult for families to protect their rights after disputes arise.

III. Professional analysis by Henglue Law Firm

The success of bail depends on the demonstration of conditions rather than promises, as illustrated by a case handled by Henglue Law Firm. H*, who was criminally detained on August 25, 2024, on suspicion of illegally absorbing public deposits, was extremely anxious and immediately entrusted Yuan Hang, a lawyer from Beijing Henglue Law Firm, with the case. After the lawyer's meeting with H*, key facts were revealed: H* had also invested over 100,000 yuan in financial products during his employment at Company A and was a victim of the fraudulent promotion; his family had already completed the full repayment of 200,000 yuan in salary and income; and H* had no knowledge of the underlying facts of the case. Before leaving the company, he was only a low-level salesperson with limited influence and no criminal intent. The lawyer actively communicated with the investigating authorities and submitted a non-arrest application, demonstrating the following seven points: 1. The family had already completed the full repayment of 200,000 yuan in salary and income; 2. H* himself was a victim who had long been misled by the promotional materials; 3. His role was minimal, with little subjective malice, no involvement in decision-making or promotion; 4. His young children needed family care; 5. He had consistently good behavior; 6. He had a fixed residence and could provide a guarantor or deposit and would not flee; 7. Non-arresting H* would not pose a social danger. The legal opinion was accepted by the investigating authorities. In accordance with Article 67 (1) (2) of the Criminal Procedure Law, H* was granted bail during his detention period and regained his freedom 30 days after the detention expired, reuniting with his family. The entire process relied solely on facts, evidence, and rigorous demonstrations of legal conditions, without any "guarantees."

IV. Practical suggestions and legal basis

At the legal basis level: Article 67 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) stipulates the statutory circumstances under which bail pending trial may be granted. The first paragraph of the second item states that "if the defendant is likely to be sentenced to fixed-term imprisonment or a heavier punishment, and the adoption of bail pending trial will not cause social danger"; Article 79 stipulates that the maximum duration of bail pending trial shall not exceed twelve months; Article 3 of the "Regulations on Several Issues Concerning Bail Pending Trial" (amended in 2022) further specifies the application requirements. At the identification of false promises level: Before entrusting a lawyer, require the lawyer to provide a written assessment of the bail conditions and a work plan, rather than just listening to verbal conclusions; include the fee payment method, service content, and key stages in the entrustment contract to avoid replacing clear service standards with "refunds if unsuccessful"; and directly exclude those who claim to have special relationships with the case-handling authorities. At the practical advice level: Complete the entrustment and document submission within 37 days after criminal detention; prepare evidence to support the assessment of social danger, such as medical records, custody certificates, repayment receipts, and guarantor materials; after bail is granted, urge the client to comply with obligations such as reporting and attending court promptly. Violation of these rules may result in re-detention and affect subsequent proceedings. For more details, please consult a lawyer.Criminal defense and legal services for criminal case filingTeam.

5. Henglu Law Firm's Advice

It is the most rational division of labor for family members to let the case-handling authorities decide whether bail can be granted, and to let professional lawyers handle the process of obtaining bail. The lawyer's responsibility is to meet, evaluate, argue and follow up, rather than to sell the result. Any promotion that packages bail as a commodity that can be purchased is worth being vigilant against. The above-mentioned case of illegal absorption of public deposits was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts on behalf of the client. The client was granted bail within the detention period and 30 days after the expiration of the detention period, relying on a solid combination of compensation for losses, victim status, and social dangerousness demonstration. If a family member is detained by criminal detention, it is recommended to hire a lawyer as soon as possible and request a written evaluation rather than seeking promises from others.

Q1: The lawyer promised to guarantee the success of bail application. Can we believe him?

It's not recommended to believe this. Bail pending trial is decided by the case-handling organ in accordance with Article 67 of the Criminal Procedure Law. No one can make decisions for the case-handling organ, and lawyers are not allowed to make promises about the outcome of the case according to the law. Promoting "guaranteed bail" as a selling point violates professional norms and its credibility is questionable. Reliable lawyers usually do the opposite: they evaluate whether the case meets the conditions for bail, explain the unfavorable factors, provide a written work plan, and clearly state that the outcome depends on the facts and evidence. When entrusting a lawyer, the service content, work milestones, and fee charging methods should be written into the contract. The service standards, rather than the outcome promises, should be the basis for payment. In case of disputes, it will be easier to assert rights.

Q2: Is the success rate of bail pending trial high? What factors determine it?

There is no uniform ratio. The outcome depends on the statutory requirements and the circumstances of the case: the charge and the expected punishment are the first layer. For minor offenses, there is a greater possibility of bail being granted for control or detention, but it is difficult for serious crimes. The social danger is the second layer. Whether there is a possibility of destroying or fabricating evidence, colluding with accomplices, retaliating against victims, or fleeing requires excluding each item one by one to be convincing. Personal circumstances are the third layer. Surrendering to the authorities, confessing, admitting guilt and accepting punishment, being a first-time offender, making restitution, being ill, or having the status of an accomplice can all help reduce the necessity of detention. The timing is the fourth layer. The best window is within 37 days after criminal detention and before the decision on approving the arrest is made. For most non-violent, less serious cases that cooperate with the investigation, the possibility of bail being granted significantly increases after thorough deliberation, but the differences between individual cases are huge, and each case needs to be evaluated separately.

Q3: How much is the lawyer's fee for applying for bail pending trial?

The application for bail is a special service provided during the investigation stage, with fees fluctuating based on the complexity of the case and the lawyer's experience, usually charged at a fixed rate. If it is necessary to also undertake defense during the review of the arrest warrant, subsequent review of the prosecution, and trial defense, fees will be charged separately for each stage, with the total price increasing accordingly. To determine whether the quote is reasonable, we need to assess whether the workload corresponds to it: multiple meetings, retrieving medical records and family situation materials, drafting bail applications or applications for refusal to approve arrest warrants, and communicating and following up with the case-handling authorities are all actual costs. Services priced far below market rates may be of lower quality, and high-priced services guaranteed "success" often carry greater risks. When signing the contract, it is important to confirm the scope of work and the list of documents included in the fees to avoid only verbal agreements.

Q4: How long does it take from applying for bail to having it approved?

The law does not stipulate a time limit for approval, and the actual pace depends on the case handling stage and the quality of the materials: after entrusting a lawyer, the lawyer can meet with the client and submit the application within one to several days; applications before the review of the arrest warrant are usually handled together with the review period of 7 days by the procuratorate and the decision on the arrest warrant; if an application for modification is submitted after the arrest warrant has been granted, there is no clear time limit for the case-handling organ to review it, and continuous communication and follow-up are needed. In the aforementioned case, the client was granted bail within the detention period and 30 days after the expiration of the detention period, which was a relatively fast pace. The key point was that the lawyer met with the client and submitted the application for refusal to grant the arrest warrant as soon as possible. What family members can do is to entrust a lawyer as soon as possible, prepare materials such as medical records and compensation for damages as soon as possible, keep their contact information accessible, and use the procedural time to present arguments.

Q5: What else can I do after my bail application is rejected?

After being rejected, there are still options available: Firstly, the lawyer can analyze the reasons for the rejection and strengthen the weak aspects before applying again, such as providing new medical records, completing the return of confiscated property, or replacing the guarantor with someone who has better ability to fulfill their obligations; Secondly, if the person has been arrested, they can apply to the procuratorate for a review of the necessity of detention according to Article 95 of the Criminal Procedure Law. If the review concludes that continued detention is unnecessary, the person should be released or have their coercive measures changed; Thirdly, after the case enters the review and prosecution or trial stage, the detention conditions may change, and the person can continue to apply for bail according to Article 67; Fourthly, the maximum duration of bail pending trial is twelve months. If the time limit expires or the evidence changes, the person should promptly request its termination. During this period, the family members should urge the person to comply with the regulations and attend court hearings promptly. Any violation of the rules will make subsequent applications more difficult.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglu Law Firm