[Direct answer]Criminal defense attorney fees are usually charged in stages: investigation, review and prosecution, and first-instance trial, each of which is charged separately. Clients can hire lawyers for individual stages or for the entire process. The fees are related to factors such as the charge, complexity of the case, and the location of detention. According to Article 5 of the "Measures for the Administration of Lawyer Service Fees" (implemented on December 1, 2006), defense fees in criminal cases are subject to government-guided pricing; the measure also explicitly prohibits contingency fees in criminal cases. After a family member is detained, the investigation stage is a golden opportunity to secure bail pending trial. It is recommended to first understand the relevant legal procedures and seek professional legal advice as soon as possible.Criminal defense and legal services for criminal case filingor viaBeijing Henglu Law FirmEvaluate the commissioned project.

I. Problem Background and Typical Scenarios

When a family member is suddenly detained in criminal custody, the first question facing the family is often not the severity of the charge, but "whether to hire a lawyer immediately and how much it will cost". Common concerns include: not knowing which is more cost-effective, hiring a lawyer at different stages or hiring a lawyer throughout the entire process; worrying about opaque fees and services that are entirely based on verbal promises; mistakenly believing in the saying that "money can buy freedom", resulting in being cheated out of money and missing the opportunity for bail; and not understanding the actual value of lawyer meetings during the investigation stage. For defense strategies in new types of cases such as online crimes, you can refer to the following for more information:Special services and legal services for other casesThe fee terms are the core content of the entrustment relationship and it's worth clarifying them item by item before signing the contract.

II. Key points of dispute

  • The debate over billing models: Phased commissioning is flexible but single-stage quotations are slightly higher. Total price of full-process commissioning usually offers discounts, but there are often settlement disputes when the contract is terminated midway. The application boundaries of government-guided prices and market-negotiated prices need to be clarified.
  • Service scope boundaries: The number and timing of meetings, reviewing documents, applying for bail pending trial, and whether courtroom defense is included in the quote directly determine the actual expenditure. Oral promises cannot be relied upon.
  • Prohibited areas of risk agency: It is prohibited by law to charge risk agency fees for criminal cases. Quotes that promise results are not only illegal, but also may involve the risk of "bribing officials" scams.

III. Professional analysis by Henglue Lawyers

Take the case of bail pending trial for the crime of disseminating obscene materials handled by Henglue Law Firm as an example. In May 2026, C * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials and detained in a detention center after posting three obscene video files on a forum. The three posts attracted a total of about 5,000 views and 1,000 downloads. C * did not obtain any economic benefits from this, and his motivation was simply to gain forum points to watch other videos. The family entrusted Shang Jiangpeng, a lawyer from Beijing Henglue Law Firm, to intervene during the investigation stage, which was the golden period for obtaining bail pending trial.

The lawyer immediately went to the detention center to meet with the client, verify the number of posts, their content, motives, and the process of appearing in court, and confirmed that C* was a first-time offender who truthfully confessed after being summoned to appear in court and voluntarily admitted guilt and accepted punishment. The lawyer then submitted a "Legal Opinion on Bail Pending Trial" to the investigative organ, arguing from four perspectives: First, according to relevant judicial interpretations, non-profit dissemination of obscene video files must meet the statutory quantity standard to be convicted and punished. In this case, there were only three videos, far below the threshold for conviction, and the number of views and downloads cannot substitute for the quantity standard. Second, C* constituted a voluntary surrender, which could be given lenient punishment according to law. Third, the leniency for confessing guilt and accepting punishment is greater in the investigation stage. Fourth, by comparing each item with the social dangerousness circumstances, there was no risk of reoffending, colluding with accomplices, destroying evidence, or fleeing, so there was insufficient necessity for continued detention. The lawyer also cited the criminal justice policy of "less arrests, cautious prosecutions, and prudent detentions" to reinforce the argument.

On June 24, 2026, the Haidian Branch of the Beijing Municipal Public Security Bureau issued a decision on bail pending trial, determining that C * might be sentenced to fixed-term imprisonment or a heavier punishment, but the adoption of bail pending trial would not lead to social danger. According to Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), it was decided to grant bail pending trial. After being detained for about 25 days, the client regained his freedom. The case achieved a phased defense result and laid a foundation for the subsequent defense in the review and prosecution stage.

IV. Practical suggestions and legal basis

At the legal basis level: Article 5 of the "Measures for the Administration of Lawyer Service Fees" (implemented on December 1, 2006) includes defense attorneys in criminal litigation cases within the scope of government-guided prices, and at the same time explicitly prohibits risk-based fees in criminal cases; Article 25 of the "Lawyer Law of the People's Republic of China" (amended on September 1, 2017) stipulates that lawyers shall accept entrustments, sign written entrustment contracts, and collect fees uniformly through law firms, and accurately record the fees. Article 33 of the "Criminal Procedure Law of the People's Republic of China" (amended on October 26, 2018) stipulates that suspects have the right to appoint defense attorneys from the date of their first interrogation or the date of being subject to compulsory measures by the investigative organ, and those who are detained may be entrusted by their close relatives; Article 67 stipulates the statutory conditions for bail pending trial. Practical suggestions: Before signing the contract, require a written list of the service content and fees at each stage; for cases entrusted in stages, you can evaluate whether to continue after such key points as bail and reviewing the case file; and keep the contract and payment receipts for future disputes.

5. Henglu Law Firm's Reminder

To determine whether a criminal lawyer's fees are reasonable, there are three key factors to consider: whether the fees are transparently disclosed in writing, whether the services provided match the stage of the case, and whether the promises made comply with legal regulations. Any quotes that emphasize "guaranteed bail" or "no fees if no arrest warrant is issued" should be approached with caution. Legitimate engagements are typically signed and billed by law firms. This case was handled by Beijing Henglu Law Firm.Shang Jiang PengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acted on behalf of the client, who was successfully granted bail pending trial after being detained for about 25 days. For family members who have been detained, it is recommended to hire a lawyer to meet with them and submit legal opinions as early as possible during the investigation stage to seize the golden period for bail; subsequently, if it involves compensation for losses, payment of fines, and enforcement, it can be combined with the lawyer's assistance.Creditor-debtor relations and enforcement case servicesPlan them together.

Q1: Approximately how much does it cost to hire a lawyer during the investigation stage?

During the investigation stage, legal services are usually charged on a per-stage basis, which is related to factors such as the charges involved, the detention location, and the frequency of meetings. There are significant differences in this regard across different regions. According to Article 5 of the "Measures for the Management of Lawyer Service Fees" (effective December 1, 2006), defense fees for criminal cases are subject to government-guided prices, with the specific amount determined through consultation with law firms within the prescribed price range. The cost is not the only criterion; the key is whether the lawyer can timely meet with the client, assess the possibility of bail, and provide legal opinions. It is recommended that the service list and fees for the investigation stage be specified in detail when signing the contract, to avoid situations where fees are charged without actual meetings or case handling.

Q2: Is it more cost-effective to entrust the work in stages or to entrust it throughout the entire process?

Both models have their own applications. Full-service representation usually offers discounted total fees and is suitable for cases with clear circumstances and those that are expected to go through all legal procedures. The advantage is that the defense strategy is coherent, but the disadvantage is that there may be disputes over fee settlement when changing lawyers or terminating the contract midway. Phased representation is flexible, allowing clients to evaluate the case progress after key stages such as bail application and case review before deciding whether to continue. This model is suitable for cases with unclear initial circumstances and limited family budgets. Regardless of the model chosen, the service content, fees, and termination conditions for each stage should be specified in the representation contract. For major cases, clients may first hire lawyers during the investigation stage and then renew the contract after observing the lawyer's work quality.

Q3: How long does it take to get a response after a lawyer submits a bail application?

According to Article 97 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), suspects, defendants, their legal representatives, close relatives, or defense attorneys have the right to apply for a change in coercive measures. The people's courts, people's procuratorates, and public security organs shall make a decision within three days after receiving the application; if they do not agree to the change, they shall inform the applicant and explain the reasons. In practice, from the submission of a legal opinion on bail pending trial to the making of a decision, it may take a few days at best or more than half a month at worst, depending on the adequacy of the demonstration of social danger. In a case of disseminating obscene materials handled by Henglue Law Firm, the time from the suspect's criminal detention to bail pending trial was about 25 days, which shows that early intervention is crucial to seize the opportunity window.

Q4: The lawyer said that if we pay the money, we can get bail. Is that credible?

This is untrustworthy. Bail pending trial is a statutory coercive measure. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), it must meet the statutory conditions such as the possibility of being sentenced to control or detention, the possibility of being sentenced to imprisonment but without social danger, suffering from serious diseases or being pregnant and breastfeeding, etc. It shall be reviewed and decided by the case-handling organ. No one has the right to promise the result. The fees charged under the names of "paying money to get bail" and "using connections to bail out people" are either violations of regulations or suspected fraud. Families should sign formal contracts with law firms, make payments through official channels, and obtain invoices. Compliant lawyers will truthfully assess the possibility of bail and submit legal opinions, rather than promising the result.

Q5: What should I pay attention to when signing a criminal defense agency contract?

The key points to be checked include the following five aspects: 1. Client identity: If the criminal suspect or defendant is in custody, their close relatives may act as their attorneys in accordance with Article 33 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). 2. Service stages and content: Specify the number of meetings, whether the service includes bail applications, document review, and courtroom defense, etc. 3. Fee payment methods and total amount: In accordance with Article 25 of the Lawyers Law of the People's Republic of China (amended on September 1, 2017), fees shall be collected and invoiced by the law firm, and transfers to personal accounts are strictly prohibited. 4. Termination and refund clauses. 5. Information on the practicing lawyer's license and the law firm's name. The contract should be kept in two copies for safekeeping, as it serves as a crucial evidence in case of disputes.

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 Shang Jiangpeng·Beijing Henglu Law Firm