[Direct answer]In the Beijing area, lawyers' meetings are a key prerequisite for successfully obtaining bail pending trial. According to Article 39 of the Criminal Procedure Law of the People's Republic of China, defense lawyers may meet and communicate with detained criminal suspects and defendants. They can meet with them according to law by presenting their practicing certificates, law firm certificates, and power of attorney or legal aid letters. The meeting can verify the case process, subjective state, number and circumstances of the case at the first time, judge whether there are problems with the threshold of criminal responsibility or no social danger, and write applications for bail or legal opinions based on this. Without the meeting, the argument for bail lacks a factual basis. It is recommended to immediately entrust a lawyer to meet with them after detention. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

After family members were detained by the police, many relatives only focused on "bribing someone to release them", but ignored the legal and crucial step of meeting with a lawyer. Typical scenarios include: family members not knowing that lawyers can meet with detainees independently according to the law, missing the best opportunity to understand the case; in the early stage of the case, the client's statements are unstable, and without the lawyer's meeting to clarify them, the bail materials are ineffective; in some cases, timely meetings help quickly clarify that the client is an accomplice, has no profit-making intention, or is unaware of the crime, laying the foundation for bail. The meeting is not just about "passing on messages", but also a statutory right to verify facts and fix favorable circumstances. If the victim's damages are involved, it can be combined withPersonal injury and medical dispute servicesEvaluation.

II. Key points of contention

There are three key points of contention related to the meeting and bail application. Firstly, information asymmetry: before the meeting, the family members have limited knowledge and the bail application is likely to be vague and generalized; after the meeting, the lawyer obtains information about the case process, the defendant's subjective state, and the scale of the case, which enables them to provide more targeted arguments. Secondly, case analysis: through the meeting, the lawyer can determine whether the defendant is an accomplice, a first-time offender, whether they have surrendered voluntarily, admitted guilt, and accepted the punishment, and whether they pose no social danger. This is the core of whether bail can be granted. Thirdly, communication timing: after the meeting, it is essential to communicate with the case-handling authority in a timely manner and submit opinions in order to seize the golden opportunity. For cases involving compensation for losses, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Henglue Law Firm

Take a case of illegal absorption of public deposits handled by our firm as an example: H*, who was suspected of illegal absorption of public deposits, was detained by the police on August 25, 2024. His family immediately entrusted Yuan Hang, a lawyer from Beijing Henglu Law Firm, to handle the case. The lawyer met with H* as soon as possible and learned that H* had also invested a large amount of money in financial products during his employment at Company A and was a victim of the crime. H* had no knowledge of the illegality of the underlying facts of the case, and his role in the crime was limited. Moreover, the family had already refunded the salaries and income of 200,000 yuan. Based on the facts obtained during the meeting, the lawyer submitted an application for refusal of arrest, arguing that H* had a low subjective malice, limited role in the crime, had already made restitution, and posed no social danger. Ultimately, H* was successfully granted bail pending trial within the detention period in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law. This case shows that the authentic information obtained during the meeting directly determines the direction and success of the bail argument. The case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 39 (right to meet and procedures), Article 67 (conditions for bail pending trial), and Article 97 (applicants and procedures) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018). Practical suggestions: Immediately hire a lawyer after detention and meet with the lawyer according to law with the three certificates; during the meeting, focus on verifying the process of appearing in court, subjective awareness, the number and amount of cases involved, whether for profit, and whether to surrender, confess guilt, and accept punishment; translate the conclusions of the meeting into arguments for bail or refusal to approve arrest, focusing on no social danger, significant minor circumstances, health or family difficulties; simultaneously prepare a guarantor or a deposit. For special and difficult cases, follow-up measures can be taken.Special services and other case servicesIf the family members' labor rights are affected, they can refer to the following for guidance.Labor arbitration and work-related injury compensation services.

5. Henglu Law Firm's Advice

The meeting is not a formality, but the "intelligence basis" for bail. Applications for bail without a meeting are often unrealistic. It is recommended that families entrust lawyers to attend the meeting as soon as possible after detention, and never wait or trust non-official channels. After the meeting, lawyers can make professional judgments and communicate with the case-handling authorities accordingly. At the same time, it is reminded that lawyers conduct the meeting independently according to law, and families should cooperate by providing materials proving that there is no social danger, rather than interfering with the content of the meeting. After bail is approved, it is still necessary to cooperate with the follow-up procedures and ensure that lawyers follow up the whole process.

VI. Frequently Asked Questions

Q1: If lawyers are not allowed to meet with the detainee, can the detainee's family handle the bail application on their own?

It's extremely difficult. Family members cannot legally meet with the detained parties alone, making it difficult to grasp key facts such as the case process, the subjective state of the parties involved, and the scale of the case. Applications for bail are often vague and lack focus, and the case-handling authorities lack sufficient basis for their decisions. However, lawyers can legally meet with the parties based on their practice certificates, law firm certificates, and power of attorney documents. Only after obtaining accurate information can they prepare well-targeted opinions on bail or refusal to approve arrests. It is recommended to engage a lawyer to conduct the meeting as soon as possible, so as to support the argument with facts rather than relying solely on the subjective judgment of family members. Only in this way can we effectively increase the chances of success in the legal process.

Q2: What materials and procedures are required for a lawyer's meeting?

When meeting with a lawyer, the following items are required: a lawyer's practice certificate, a certificate (official letter) from the law firm, and a power of attorney or a legal aid letter. The client should provide basic materials such as the detention notice, the client's identity information, and the suspected charges, and sign the entrustment procedures. For some cases involving confidential information or special types, additional approval is required. However, for ordinary criminal cases, defense lawyers can meet with clients simply by holding the three certificates, and their meetings will not be monitored. Family members should cooperate by signing the entrustment and providing known clues about the case, so that lawyers can verify the facts and circumstances in a targeted manner during the meeting.

Q3: How much does it cost to hire a lawyer to attend a meeting and apply for bail?

Criminal defense fees are mostly charged on a per-case or per-stage basis. According to relevant regulations, contingency fees are prohibited. The specific amount is negotiated between the law firm and the client and written into the retainer contract, with no nationwide standard pricing. Meetings are usually included in the scope of defense representation, but can also be arranged separately. It is recommended to request a detailed fee breakdown, clarify whether it includes third-party costs such as travel and document review, and the refund conditions, to avoid additional charges after attracting clients with low prices. When assessing fees, one should consider the stage of the case and the lawyer's input, make rational decisions, and not use price as the sole criterion for choice.

Q4: How long does it usually take from meeting with a lawyer to obtaining bail?

After the meeting, the lawyer can proceed to draft the opinion on granting bail or refusing to approve the arrest, with the pace varying depending on the case. In some cases, bail is approved during the detention period, such as the aforementioned non-drug-related case where the client was successfully granted bail during the detention period after being entrusted by their family; the case of disseminating obscene materials was approved about a month after criminal detention; and the case of endangering precious and endangered wild animals was released after only seven days. If the client has already been arrested, a review of the necessity of detention is required, which takes even longer. Overall, the earlier the meeting is held and the more solid the arguments are, the faster the coercive measures can be changed. It is recommended to complete the intervention within the golden 37-day period.

Q5: If a family member is detained, what are the specific steps I should take to arrange a visit with them?

Here are the four steps recommended: 1. Request a detention notice to confirm the suspected charges, the investigating authority, and the detention facility. 2. Within the critical 37-day period, hire a formal lawyer, sign a power of attorney, and provide a letter from the law firm. 3. The lawyer should meet with the detainee in accordance with the law, using their practice certificate, the letter, and the power of attorney, to verify the detainee's version of the events, their subjective state, and the circumstances of the case. 4. Based on the findings of the meeting, the lawyer should draft and submit an application for bail or a request for refusal to approve the arrest, while simultaneously preparing a guarantor or a deposit and continuously communicating with the investigating authority to follow up on the case. The entire process should be conducted in accordance with the law and without interfering with the content of the meeting.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.