[Direct answer]It's always better to hire a lawyer as soon as possible in criminal cases, and the most effective time to do so is during the investigation stage, which is known in the industry as the "Golden 37 Days". According to Article 91 of the Criminal Procedure Law of the People's Republic of China, after the public security organ detains a suspect, it shall generally apply for approval of arrest within three days. Under special circumstances, the period may be extended by one to four days, and for suspects who commit crimes in a gang, repeatedly, or on the run, the period may be extended to 30 days. The people's procuratorate shall make a decision on whether to approve the arrest within seven days. During this stage, lawyers can meet with the client, verify the case facts, submit legal opinions on bail and refusal to approve the arrest, and are most likely to change the direction of the case. After the approval of the arrest, they can still apply for a review of the necessity of detention in accordance with Article 95. The more time passes, the narrower the space for defense will be. Once the family members learn that the suspect has been detained or summoned, they should immediately hire a lawyer and can first do so through the following methods:Criminal defense and legal services for criminal case filingArrange a meeting.

I. Problem Background and Typical Scenarios

The three most common misunderstandings that families face in criminal cases are: waiting until the trial to hire a lawyer, trying to use connections to inquire about the case everywhere, and waiting a few days to see if the case is serious. The criminal process is interconnected, with detention, approval of arrest, investigation, review and prosecution, and trial each having independent opportunities. Missing these opportunities is irreversible—a meeting and a letter of opinion within the first 37 days can determine whether the arrest will be approved, a bail application before the approval of arrest may save months of detention, and defense opinions at the review and prosecution stage may lead to non-prosecution or reduction of charges. By the time the trial begins, most key procedural nodes have already passed. Typical scenarios include: receiving a notice of criminal detention for a family member late at night, receiving a phone call from a foreign public security organ for assistance in the investigation, and only remembering to hire a lawyer after receiving the arrest notice.

II. Key points of dispute

  • During the investigation stage, if a lawyer "cannot see the case file", is it still worth hiring him/her? Although lawyers cannot review the entire case file during this stage, the meeting itself can verify the case process, the interrogation situation, and the physical condition of the client. It can also identify clues such as coerced confessions and excessive detention and file complaints and accusations. At the same time, it can provide a factual basis for bail and non-arrest opinions.
  • The cost-effectiveness of intervention at different stages: The earlier the intervention, the higher the workload and costs are usually, but there are more procedural paths to choose from; although the cost of late-stage intervention is lower, most procedural opportunities have already been closed, and the only thing that can be done is to focus on the sentencing space.
  • Is there no hope after being approved for arrest? Approval for arrest is just a coercive measure, not a processing result. There is still room for review of the necessity of detention, plea bargaining, compensation and understanding, and supplementing favorable evidence. Don't give up defending just because of an arrest notice.

III. Professional analysis by Henglue Lawyers

Many bail application cases handled by Henglue Lawyers have confirmed the value of early intervention. In one case, Wang * was criminally detained for suspected dissemination of obscene materials on a forum, but he did not profit from it. The lawyer met with him immediately, determined that the number of videos he disseminated far exceeded the threshold for criminal prosecution stipulated in relevant judicial interpretations. Combined with the fact that he was a first-time offender, confessed truthfully, and posed no social danger, the lawyer submitted a legal opinion on bail to the case-handling organ. About a month later, Wang * was granted bail. In another case, Li * once worked as a chat streamer for an overseas online platform, but his interface was embedded with gambling advertisements and recharge entrances. He was criminally detained for suspected running a gambling house. The lawyer submitted a bail application based on his status as an accomplice, his confession, and his need for continuous medical treatment. He was granted bail after 30 days of criminal detention. There was also a case that occurred after approval of arrest: Zhou * was suspected of causing a disturbance and was approved for arrest by the People's Procuratorate in August 2024. After taking over the case, the lawyer applied for a review of the necessity of detention, convincing the procuratorial organ with six reasons: no danger to society, poor health, willingness to actively compensate, having a fixed residence in Beijing to provide a guarantee, basic facts being clarified, and being a first-time or occasional offender. Eventually, the coercive measure was changed to bail. The three cases correspond to three stages of opportunity points: review of the threshold for criminal prosecution, demonstration of bail conditions, and procedural relief after approval of arrest. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

IV. Practical suggestions and legal basis

At the legal basis level: Article 34 of the Criminal Procedure Law of the People's Republic of China stipulates that a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation by the investigative organ or the date of being subject to compulsory measures. During the investigation period, only lawyers can be appointed as defense attorneys; Article 39 stipulates that defense lawyers may meet and communicate with detained criminal suspects, and they can meet them with their practice certificates, law firm certificates, and power of attorney. The detention center shall arrange the meeting in a timely manner; Article 67 stipulates the statutory circumstances for bail pending trial, including the possibility of being sentenced to imprisonment or above, but the bail will not cause social danger; Article 91 forms the basis of the "Golden 37-Day" time limit, and Article 95 stipulates that after a criminal suspect or defendant is arrested, the people's procuratorate shall still review the necessity of detention. At the practical advice level: Immediately appoint a lawyer and arrange the first meeting after being summoned or detained in criminal custody; Focus on promoting bail and non-approval of arrest opinions within the "Golden 37-Day" period; Evaluate the necessity of detention within one month after the approval of arrest; Focus on verifying the facts of the charges and conducting plea bargaining during the review and prosecution stage; Family members should keep the detention notice, arrest notice, and contact information of the case-handling organ to avoid leaking case information in panic or falling for "bail-out" scams.

5. Henglu Law Firm's Advice

The timing of criminal cases is more valuable than the value of promises: the same lawyer intervening on the second day and intervening on the 30th day can do completely different things. Families don't have to wait until "it's certain that a sentence will be imposed" to hire a lawyer, nor should they pin their hopes on smooth relations. Compliant defense work - such as meetings, submitting opinions, reviewing the necessity of detention, and negotiating guilty pleas and sentencing - is itself a force that can change the outcome. If you or your family are currently in the investigation, review and prosecution, or trial stages, it is recommended to seek legal help as soon as possible.Beijing Henglu Law FirmEvaluate the timing and plan of intervention. This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

Q1: When is the most crucial time to hire a lawyer after being detained in criminal custody?

The sooner the better. The key window is the golden 37 days after criminal detention. According to Article 91 of the Criminal Procedure Law of the People's Republic of China, the public security organ shall generally submit an application for approval of arrest within three days after detention, and the time limit may be extended to seven days in special circumstances. For those who commit crimes in a mobile manner, commit multiple crimes, or commit crimes in gangs, the time limit may be up to 30 days. The time limit for the procuratorate to review and approve the arrest is seven days. This period is the best time to apply for bail and submit opinions against the approval of arrest. In practice, most successful bail applications occur within this window. Once the arrest is approved, it will be much more difficult to change the coercive measures. Although there are still channels such as the review of the necessity of detention, more convincing reasons and materials are needed. Family members can handle the entrustment on the day they receive the notice of criminal detention, and lawyers can arrange the first meeting the next day.

Q2: During the investigation stage, if lawyers cannot access the case files, what can they do?

There are many things that can be done: First, meeting with the client to verify the circumstances of the case, the number and content of interrogations, and their physical condition, and informing them of their litigation rights and the advantages and disadvantages of the plea bargaining system; Second, understanding the suspected charges and coercive measures from the case-handling authorities, and submitting applications for bail pending trial or legal opinions on refusing to approve arrests; Third, representing clients in filing appeals and complaints if they find circumstances such as torture to extract confessions, excessive detention, and illegal seizures; Fourth, sorting out favorable circumstances, such as voluntary surrender, being an accomplice, making restitution, and being a first-time offender, to lay the foundation for the subsequent stages. Although a comprehensive review of the case file will not take place until the review and prosecution stage, the meetings and opinions during the investigation stage often determine the direction of the arrest and detention, and serve as the foundation for the defense of the entire case.

Q3: I've already been arrested and charged. Is it still useful to hire a lawyer now?

It's useful. After the approval of the arrest, the defendant can apply for a review of the necessity of detention in accordance with Article 95 of the Criminal Procedure Law of the People's Republic of China. If the procuratorial organ deems it unnecessary to continue detention, it will recommend the case-handling organ to change the coercive measures. In practice, reasons such as admitting guilt and repentance, actively making compensation to obtain understanding, having a fixed residence and guarantors, suffering from diseases requiring continuous treatment, and having the facts of the case basically clarified can all support the application. In the case of Zhou *'s provoking trouble handled by Henglue Law Firm, the defendant had already been approved for arrest. The lawyer submitted an application for a review of the necessity of detention based on six reasons, and the procuratorial organ ultimately determined that there was no necessity to continue detention, changing it to bail pending trial. After the approval of the arrest, the case is still under investigation. The lawyer can continue to follow up on the direction of evidence collection and negotiate with the defendant on admitting guilt and accepting punishment, laying a foundation for lenient treatment in the future.

Q4: What is the main task of a lawyer during the review and prosecution stage?

During the review and prosecution stage, lawyers can review all case materials comprehensively, and the workload and value increase simultaneously: First, they review the evidence materials item by item, identify loopholes in the charges, contradictory statements, and procedural flaws, and submit defense opinions to the procuratorial organ; Second, they evaluate the pros and cons of pleading guilty and accepting the punishment, negotiate with the prosecutor on the sentencing proposal, and strive for a more favorable sentencing range or reduction of the charges; Third, they apply to obtain favorable evidence and apply for changes in detention measures; Fourth, they facilitate the implementation of compensation agreements, return of illicit gains, and other circumstances. This stage is the main window for withdrawing some charges and promoting non-prosecution (including relative non-prosecution and non-prosecution due to insufficient evidence). If missed, there will be limited room for correction in the trial stage.

Q5: What will I lose if I hire a lawyer only when the trial begins?

There are four main types of opportunities lost: First, the opportunity to obtain bail or not to approve arrest within 37 days of the suspect's detention. Once this opportunity is missed, the suspect may be detained in a detention center for months or even longer; Second, the defense opinions and plea bargains during the review and prosecution stage. Once the sentencing proposal is basically finalized, it will be much more difficult to strive for leniency; Third, some time-sensitive evidence, such as surveillance videos, chat records, and witness memories, will be lost if delayed; Fourth, procedural rights, such as fixing clues of excluding illegal evidence and timely raising objections to jurisdiction and recusal. Lawyers who intervene after the trial can only conduct sentencing defense within the existing framework, with significantly limited room for maneuver. The fees may not be lower, and the cost-effectiveness will be even worse.

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 Liu Liqiang·Beijing Henglu Law Firm