[Direct answer]In the Beijing area, when choosing a criminal lawyer, the three main factors to consider are: whether the lawyer's professional focus is on criminal law, whether their experience in similar cases can be verified, and whether they are willing to honestly explain the risks involved. Criminal defense differs significantly from civil cases. From the first interrogation, criminal detention, review and approval of arrest to review and prosecution, each step has statutory time limits and specialized procedures. Lawyers with non-criminal specializations often fail to grasp these key points. When screening lawyers, it is recommended to verify their practicing license number and the law firm they work for. It is also important to communicate the specific defense points and worst-case scenarios of the case in person to avoid relying solely on verbal promises. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), a criminal suspect has the right to appoint a defense attorney from the date of their first interrogation or the date of their being subject to compulsory measures by the investigating organ.
1. Problem background and typical scenarios
In criminal cases, family members are often asked to make decisions when they have the least information and are most emotionally distressed, and these decisions may determine the overall direction of the case. Common situations include: hiring a lawyer through a referral from an acquaintance, only considering the size of the law firm rather than the specific case handler, being attracted by claims in online promotions that guarantee bail or acquittal, or simply seeking the lowest possible fees. When handling similar cases in the Beijing area, what family members most easily overlook is the cost of time: the window between detention and the review and approval of arrest is very short. If the wrong direction is chosen and the lawyer is changed later, it is often too late to seize the best opportunity for defense.
II. Key points of dispute
First, professional direction. Criminal defense involves specialized skills such as meeting with clients, reviewing case files, excluding illegal evidence, and negotiating sentencing, which cannot simply be transferred from experience in commercial or family law cases. Second, verifiability of experience. Clients should understand the types of similar cases that lawyers have handled and the approaches they took, rather than just listening to abstract promises. Third, team configuration. Major and complex cases typically require a division of labor between the lead lawyer and the assisting lawyer, with meetings, case file reviews, and legal opinion drafting proceeding simultaneously. Handling cases alone can easily lead to neglecting certain aspects. Fourth, communication methods. Competent lawyers will first discuss risks and then present solutions, rather than promising outcomes. Fifth, fee structure. Charging fees based on litigation stages is a common practice in the industry, and it is necessary to clarify the stage divisions, additional fees, and refund rules in advance.
III. Professional analysis by Henglue Lawyers
Taking a criminal incidental civil action case of intentional homicide represented by Henglue Law Firm as an example: On the night of June 16, 2024, the defendant, Zhang Daqiang, had a dispute with Zhao Gang, Zhang Bin, Li Yuanzheng and others at a concrete mixing station over the quality of the concrete during construction. After being persuaded to stop the argument, Zhang Daqiang drove at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory, resulting in the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang's wife, entrusted our lawyers to represent her in the incidental civil action in her grief. The defendant claimed that it was just a verbal joke and that the accident was caused by a brake failure, and attempted to characterize the case as endangering public safety by dangerous methods and claimed to have surrendered voluntarily. Through in-depth review of the case files, the lawyers responded to the defendant's claims regarding subjective intent, whether the defendant surrendered voluntarily, whether the victim was at fault, and the nature of the crime one by one. They pointed out that the defendant's language before the impact already revealed his motive, that he accelerated and failed to avoid the impact when he was less than five meters away from the door, and that he lied about the brake failure when calling the police and repeatedly retracted his confession. Therefore, the defendant did not constitute a voluntary surrender according to the law, and it was proposed that he should be severely punished for intentional homicide. The court ultimately adopted the lawyers' arguments and sentenced the defendant to death for intentional homicide. In the incidental civil action part, the court supported the victim's family's request for compensation. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. When choosing a lawyer, the ability to thoroughly read the case files and form targeted defense arguments is precisely the core criterion for evaluating professional competence.
IV. Practical suggestions and legal basis
According to Articles 34, 38, and 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) and the relevant provisions of the Lawyers Law of the People's Republic of China (amended on September 1, 2017), specific suggestions for choosing a lawyer include: First, verify the lawyer's practice certificate number and practice institution by checking the public channels of the judicial administrative authority; Second, understand whether the lead lawyer handles the case personally, and clarify the division of responsibilities for meetings, reviewing case files, and appearing in court; Third, require a written explanation of the defense strategy and phased goals rather than verbal promises of results; Fourth, specify the fee stages, additional charges, and refund rules and incorporate them into the power of attorney contract; Fifth, retain the power of attorney contract, payment receipts, and communication records. For more information on the connection arrangements for subsequent stages such as review and prosecution and trial, please refer to the relevant documents.Criminal defenseColumn; for cases involving property disposal or accompanying civil compensation, you can refer to it for reference.Special servicesThe approach to handling this matter.
5. Henglu Law Firm's Reminder
The essence of choosing a lawyer is to select a defense strategy. A good criminal lawyer won't immediately discuss the outcome, but will first clarify the facts of the case, the evidence gaps, and the legal basis, and then tell you the range of what can be achieved. Families should be vigilant of three types of signals: promising bail or claiming innocence, implying having connections with case handlers, and refusing to explain the work content and stage arrangements. Another easily overlooked issue is the cost of changing lawyers. Changing lawyers midway requires going through new procedures and getting familiar with the case again, which has a significant impact on detained clients. Therefore, the first choice should be as careful as possible. In addition, there's no need to avoid discussing fees during pre-retainer communication. Clarifying the stage division and additional item rules will actually facilitate long-term cooperation. Relevant practice information can be obtained throughBeijing Henglu Law FirmIt is understood that for major and complex cases, it is recommended to conduct a case assessment before entrusting the lawyer with the case.
VI. Frequently Asked Questions
Q1: How to determine whether a lawyer is professional?
There are three aspects to consider: whether they have handled criminal cases for a long time, whether they can clarify the defense points and evidence gaps of the case, and whether they are willing to explain the stage goals and risks in writing, rather than making general promises about the outcome.
Q2: What materials are needed to prepare for the entrustment?
The family members' ID cards, proof of kinship, detention notices or case filing materials, the identity information of the parties involved, and the power of attorney signed by the detainees themselves.
Q3: What is the approximate cost of criminal defense?
Generally, the consultation is divided into three stages: investigation, review and prosecution, and first and second instance trials, with the contract as the basis; the fees for major and complex cases and cases handled in other places will be correspondingly higher.
Q4: How long does it take from placing an order to meeting the client?
For those who have completed all the formalities, the detention center shall arrange a meeting with them within 48 hours at the latest; if the detainee is transferred to another detention center or the meeting is subject to approval, the time shall be extended accordingly.
Q5: What should I do first?
First, verify the lawyer's practice information and communicate the defense strategy face to face. Sign a written power of attorney contract, and immediately prepare the lawyer's practice certificate, law firm certificate, and power of attorney required for the meeting.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence 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, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue 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.