[Direct answer]The help is significant. According to Article 34 of the Criminal Procedure Law of the People's Republic of China, lawyers can intervene from the day when the criminal suspect is first interrogated or subjected to compulsory measures: they can meet with the suspect in time to understand the suspected crime and the basic facts of the case, review whether the detention procedure is legal, submit legal opinions to the case-handling organ, and apply for bail pending trial in accordance with Article 67. After criminal detention, the public security organ shall generally submit the case to the procuratorate for review and approval of arrest within three days (under special circumstances, the period may be extended by one to four days, and major suspects who commit crimes in groups or repeatedly may be detained for up to 30 days). The procuratorate shall make a decision within seven days, which is commonly known as the "Golden 37 Days". The earlier lawyers intervene, the more favorable it will be for obtaining bail and preventing the approval of arrest. They can do this throughCriminal defense and legal services for criminal case filingAndBeijing Henglue Law FirmUnderstand the relevant services.

I. Problem Background and Typical Scenarios

When a family member is detained criminally, the relatives often only learn the news when they receive the detention notice: they don't know which detention center the person is being held in, what charges they are suspected of, or the progress of the case. They have no access to visitation and can only express their concern by sending money and supplies. What's more worrying is that, in desperation, they may seek help from unscrupulous individuals who claim they can "bribe officials to secure their release", only to be cheated after paying high fees. This not only results in financial losses but also delays the opportunity to hire a lawyer. At this stage, what the family members need most is to understand the procedural milestones of criminal detention, grasp what lawyers can and cannot do during the investigation phase, and focus their limited energy and resources on formal legal channels rather than wasting time and money on ineffective or even harmful attempts to "bribe officials".

II. Key points of contention

  • The common misconception that "lawyers can't access the case files during the investigation stage and their role is limited" is inaccurate. The attorney-client meeting itself is a core defense activity, during which lawyers verify the suspected charges, understand the interrogation process, and confirm the client's status, which directly impacts the subsequent strategy planning.
  • Is bail pending trial "out of reach"? According to Article 67 of the Criminal Procedure Law of the People's Republic of China, as long as the legal conditions are met, an application can be submitted. In fraud cases, first-time offenders, returning the stolen money and compensation, obtaining the victim's forgiveness, and no risk of collusion are all important factors to be considered.
  • The risks of family members inquiring about the case on their own and passing on messages to others: Passing on information to co-defendants or witnesses may be suspected of interfering with the testimony. This not only fails to help, but may also aggravate the situation of the parties involved.

III. Professional analysis by Henglue Law Firm

The lawyer's work in the investigation stage runs through the entire process. Firstly, meeting with the client: According to Article 39 of the Criminal Procedure Law of the People's Republic of China, defense lawyers can meet and communicate with detained criminal suspects. They should verify key facts such as the suspected crime, the interrogation process, and the suspect's subjective awareness at the earliest opportunity, while also comforting the client and informing them of their rights and obligations. Secondly, procedural review: Check whether the family members were notified within 24 hours after detention, whether the detention facility complies with regulations, and whether there were any illegal interrogation procedures. If any procedural issues are found, they should file appeals or complaints in accordance with the law. Thirdly, applying for bail pending trial: Organize a surety or a bail deposit plan based on the statutory circumstances in Article 67, and argue that the client poses no social danger. Fourthly, grasping the critical point of approval of arrest: Submit legal opinions against the approval of arrest within seven days after the procuratorate reviews the case, and argue from the perspectives of insufficient evidence and lack of necessity for detention. Fifthly, explaining the leniency for guilty plea and plea bargaining: According to Article 15 of the Criminal Procedure Law of the People's Republic of China, clients who truthfully confess and voluntarily plead guilty can be given lenient treatment according to law. Lawyers should explain the meaning of this system to clients, allowing them to make their own decisions. In fraud cases, key disputes such as how to determine the amount of the involved funds, whether the suspect had subjective awareness, and the role in joint crimes all require fixing facts and defenses favorable to clients during the investigation stage, laying a foundation for subsequent stages.

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 (amended in 2018) 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 the adoption of compulsory measures; Article 39 guarantees the right of defense lawyers to meet with their clients; Article 67 stipulates the conditions for applying bail pending trial; Article 85 provides that a detained person shall be immediately detained in a detention center and no later than 24 hours after detention, unless there are statutory exceptions, the family of the detained person shall be notified within 24 hours; Article 91 stipulates the time limit for applying for and reviewing the approval of arrest; Article 266 of the Criminal Law of the People's Republic of China stipulates the constituent elements and sentencing levels of fraud. At the practical advice level: Families should appoint a lawyer as soon as possible and sign a written power of attorney with the law firm; retain the detention notice and note down the case-handling unit and the case handler's information; deposit and send supplies to the detention center according to its regulations; organize the client's physical condition, past medical history, and family situation and provide them to the lawyer as a reference for applying for bail or leniency. Never pay fees to intermediaries who claim they can "bribe their way out of trouble", as such scams are common among families of fraud victims; for difficult cases requiring personalized assessment, refer to relevant materials for guidance.Special services and other case-related services.

5. Henglue Law Firm's Reminder

Criminal detention does not constitute a conviction, and the stability and professional response of family members have a significant impact on the detainee. Information can only be legally obtained through a lawyer, and any actions that bypass the legal procedures may backfire. Applying the concept of "the golden 37 days" to legal opinions on meetings, bail applications, and reviews of arrest warrants is the most worthwhile effort at this stage. During the waiting and anxious period, standardizing the entrustment process, keeping receipts, and sending money and supplies on time are the most valuable things that family members can do. If you are currently facing a similar situation, it is recommended that you consult a professional criminal lawyer as soon as possible. You can do this through the following channels:Criminal defense and legal services for criminal case filingUnderstand the complete process and precautions of defense in the investigation stage.

Q1: How long will it take for a family member to be able to meet the person who has been detained by the police after being arrested?

Before the verdict takes effect, family members generally cannot meet with detainees and can only entrust lawyers to meet with them. According to Article 39 of the Criminal Procedure Law of the People's Republic of China, defense lawyers can meet and communicate with detained criminal suspects. During the investigation of cases involving crimes endangering national security and terrorist activities, they need to obtain the permission of the investigative organ. After accepting the entrustment, lawyers can usually arrange the first meeting within a few days to inform family members of the suspected charges, the detention facility, and the physical and emotional condition of the detainee. Family members can first deposit money and send supplies to the detention center according to the address specified in the detention notice to ensure the basic living needs of the detainee.

Q2: What are the requirements for bail pending trial?

According to Article 67 of the Criminal Procedure Law of the People's Republic of China, bail pending trial may be granted in any of the following circumstances: 1. The defendant may be sentenced to control, detention, or an additional punishment applied independently; 2. The defendant may be sentenced to imprisonment of more than three years, but there is no social danger if bail is granted; 3. The defendant suffers from a serious illness, is unable to care for themselves, is pregnant, or is breastfeeding their own child, and there is no social danger if bail is granted; 4. The detention period has expired, but the case has not been concluded, and bail is necessary. In fraud cases, the main factors considered by the investigating authorities in determining social danger include the amount of the fraud, whether the defendant has returned the stolen money or compensated the victims, whether a settlement has been reached, and whether there is a risk of colluding or destroying evidence.

Q3: What is the often-mentioned "Golden 37 Days"?

According to Article 91 of the Criminal Procedure Law of the People's Republic of China, if the public security organ considers it necessary to arrest a detained person after detention, it shall submit the case to the procuratorate for examination and approval within three days, and the time limit may be extended by one to four days in special circumstances; for major suspects who commit crimes by roaming around, repeatedly committing crimes, or acting in gangs, the time limit for submitting the case may be extended to 30 days. The procuratorate shall make a decision on whether to approve the arrest or not within seven days. Three days plus four days plus 30 days plus seven days, the maximum period is 37 days, which is the critical window before the approval of the arrest. During this stage, lawyers strive to prevent the approval of the arrest or obtain bail by meeting with the suspects and submitting legal opinions. Once the arrest is approved, the detention period will usually be significantly extended, and the difficulty of defense will also increase accordingly.

Q4: Approximately how much does it cost to hire a lawyer during the criminal detention phase?

The fees charged vary significantly depending on the region, the lawyer's qualifications, and the complexity of the case. During the investigation stage, fees are usually charged on a per-case basis. When signing the power of attorney, the service phase, service content, and fee amount should be specified. Expenses such as travel to other cities should also be agreed upon in advance. It's worth noting that claims like "pay money and get someone released" or "no bail, no fees" are often scams. During the critical period of the case, families are most likely to become victims of secondary harm. The criterion for judgment should not be the highness of the quote, but whether the lawyer can explain the case-handling approach and procedural milestones clearly. Fees should be paid to the law firm's public account and a formal invoice should be obtained to avoid receiving payments in the lawyer's personal name.

Q5: What can family members do for themselves during the period of criminal detention?

There are four things you can do: First, as soon as possible, entrust a lawyer to meet with the suspect and grasp the suspected charges and basic case facts; Second, based on the detention notice, deposit money and send supplies to the detention center to ensure basic living; Third, organize information such as the family's physical condition, past medical history, and family situation and provide it to the lawyer as a reference for applying for bail or leniency; Fourth, cooperate with the lawyer to collect materials favorable to the client, such as proof of repayment ability and channels of communication to obtain understanding. What not to do: Privately inquire about the case, use connections to find "insiders", or privately contact co-defendants or witnesses to collude in giving false testimony. These actions are not only useless, but may also involve illegal activities and worsen the client's situation.

If you are 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·Beijing Henglue Law Firm