[Direct answer]In the Beijing area, criminal lawyers can legally intervene from the investigation stage. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), suspects have the right to appoint defense attorneys from the date of their first interrogation or the date of their being subject to compulsory measures by the investigating organ. According to Article 38, defense attorneys can provide legal assistance, represent the suspect in appeals and complaints, apply for changes to compulsory measures, and obtain information about the suspected crime and related cases from the investigating organ and put forward opinions during the investigation period. According to Article 39, defense attorneys can meet with detained suspects with their lawyer's practice certificates, law firm certificates, and power of attorney documents. The detention center shall arrange the meeting promptly, and the latest time shall not exceed 48 hours. Those who meet the conditions can apply for bail pending trial according to Article 67. After a family member is detained, it is advisable to hire a lawyer to meet with them as soon as possible to seize the critical window before the review and approval of the arrest.

1. Problem background and typical scenarios

After a family member is detained in criminal custody, the family members often find themselves in an information vacuum: they don't know where the person is being held, what charges they are suspected of, or the severity of the consequences. They can only piece together information through various channels. Typical scenarios include: receiving a notice of criminal detention but not understanding the charges or sentencing range; wanting to visit the detainee but being told that only lawyers can meet them; hearing that "they will be detained for 37 days first", but not knowing how the procedures will proceed during this period. According to Article 91 of the Criminal Procedure Law, if the public security organ considers it necessary to arrest a detainee after detention, it shall generally submit the case to the procuratorate for review and approval within three days. Under special circumstances, the time limit may be extended by one to four days. The procuratorate shall make a decision within seven days—these ten days are the critical window for securing non-approval of arrest or changing bail pending trial, and also the most valuable period for lawyers to intervene in the investigation stage.

II. Key points of contention

The disputes and misunderstandings in the investigation stage focus on three points. Firstly, information asymmetry: during the investigation, defense lawyers are not able to review all case files and can only obtain information about the suspected crime and relevant case circumstances from the investigative organ in accordance with Article 38 of the Criminal Procedure Law. As a result, family members mistakenly believe that "lawyers cannot see the materials and are not very helpful". In fact, timely meeting to verify the situation, applying for bail, and submitting legal opinions are all statutory defense work. Secondly, the boundaries of the right to meet: only the appointed defense lawyers can meet with detained suspects, and family members cannot meet them. For cases involving crimes against national security and terrorist activities, meetings during the investigation must be approved by the investigative organ. Thirdly, the conditions for bail pending trial: whether they meet the circumstances stipulated in Article 67 of the Criminal Procedure Law require a case-by-case demonstration based on the crime, circumstances, and social dangerousness, rather than simply submitting an application and being done with it.

III. Professional analysis by Henglue Lawyers

Case One (Meeting for Verification and Bail Demonstration): In May 2026, C* was detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of disseminating obscene materials after reposting and publishing three obscene video files on a forum. The related posts were viewed approximately 5,000 times and downloaded about 1,000 times, but C* did not profit from them. After the family entrusted Shang Jiangpeng, a lawyer from Beijing Henglu Law Firm, to intervene, the lawyer immediately went to the detention center to meet with C* to verify the number of posts, their content, motives, and the process of appearing before the court. It was confirmed that C* was a first-time offender, appeared before the court upon summons and made a truthful statement, and voluntarily pleaded guilty and accepted the punishment. Subsequently, the lawyer submitted the "Legal Opinion on Bail Pending Trial" to the case-handling organ, demonstrating from four aspects: Non-profit dissemination of obscene videos needs to reach more than 40 to be convicted and punished according to relevant judicial interpretations, but there were only three in this case, far from reaching the threshold for conviction; appearing before the court upon summons and making a truthful statement constitutes voluntary surrender; the leniency for pleading guilty and accepting the punishment is greater in the investigation stage; and comparing each item with the circumstances of social danger, there is no risk of reoffending, colluding with others, or escaping. On June 24, 2026, the Haidian Branch decided to grant C* bail pending trial in accordance with Article 67 Paragraph 1 Item 2 of the Criminal Procedure Law. This case was handled by Beijing Henglu Law Firm.Shang JiangpengThe attorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent.

Case II (the accomplice seeking bail based on health circumstances): W*, who was detained on December 20, 2025 on suspicion of operating a gambling platform, was arrested after gambling advertisements were embedded in the live-stream interface. After a meeting with Attorney Zhu Guiyin from Beijing Henglue Law Firm, W* successfully argued that he was an accomplice who only provided traffic assistance in the joint crime, truthfully confessed after being arrested, and suffered from diseases such as pituitary tumors that required continuous treatment. Based on Article 67 of the Criminal Procedure Law and Article 27 of the Criminal Law, the law firm submitted an application for bail on January 19, 2026. After being detained for exactly 30 days, W* was granted bail according to law. This case was handled by Beijing Henglue Law Firm.Zhu GuiyinAttorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acting as the agent.

Case 3 (the attorney representing the victim's side intervened in the investigation): The attorney's work in the investigation stage also includes representing both the prosecution and the victim's side. In the case of Zhang Daqiang driving a car and causing one death and two injuries on June 16, 2024, Henglue Law Firm represented the victim's family in filing a criminal incidental civil action. By thoroughly analyzing the evidence in the case, the attorney refuted the defendant's defense arguments about voluntary surrender and the nature of the crime. In the end, the court sentenced the defendant to death for intentional homicide and supported the request for incidental civil compensation. This case was handled by Beijing Henglue Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. Three case examples: Whether it's bail pending trial, the defense of the charge and circumstances, or the representation of the victim, early intervention in the investigation stage can secure more room for subsequent procedures.

IV. Practical suggestions and legal basis

Main legal basis: Article 34 (appointing a defense attorney during the investigation period), Article 38 (duty of defense attorneys during the investigation period), Article 39 (right to meet and 48-hour arrangement), Article 91 (applying for arrest and review period), Article 67 (conditions for bail pending trial), Article 79 (the maximum duration of bail pending trial shall not exceed 12 months), and Article 81 (conditions for social dangerousness of arrest) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Practical advice: After receiving the notice of criminal detention, confirm the detention facility as soon as possible and appoint a lawyer for the first meeting; truthfully state the case to the lawyer and do not conceal any circumstances that may affect the conviction and sentencing; after the lawyer assesses the threshold for conviction and the evidence situation, decide on the timing and reasons for applying for bail; family members should prepare guarantors or bail funds according to the lawyer's advice and commit in writing to cooperate with the court's summons. For arrangements involving the return of illicit gains and compensation, please refer to the relevant provisions.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Advice

The value of hiring a lawyer during the investigation stage lies not in "pulling strings", but in professional actions within the legal process: timely meeting with the client to stabilize their emotions, verifying the current situation of the case, preventing them from making improper statements due to fear or misunderstanding, and assessing the bail conditions before submitting legal opinions during the golden period. There are standard procedures for booking appointments for meetings with detention centers in Beijing and communicating with the case-handling authorities. Only by hiring a regular law firm can we ensure that the meetings and documents are delivered in a timely manner. Never believe in promises of "bribing officials to secure release", and don't frequently change defense strategies before the bail result becomes clear. After the case enters the review and prosecution stage, the focus of defense will shift to reviewing the case file and negotiating the sentencing. The fixed results of the investigation stage will directly affect the subsequent progress of the case.

VI. Frequently Asked Questions

Q1: If a lawyer is hired during the investigation stage, can the case be withdrawn or not prosecuted?

Lawyers cannot guarantee the outcome, but legal defense can indeed change the course of the case. If the meeting and preliminary verification reveal that the defendant's actions do not meet the threshold for criminal prosecution (such as the case mentioned above where the number of videos is far below the legal standard), the lawyer will submit a legal opinion to promote the withdrawal of the case or the refusal to transfer it for prosecution. Even if the case proceeds to subsequent procedures, the fixation of circumstances such as bail pending trial, voluntary surrender, and admission of guilt and punishment can create conditions for non-prosecution or light sentencing. According to Article 38 of the Criminal Procedure Law, lawyers can submit opinions to the investigative organ during the investigation period. The outcome depends on evidence and law, and the earlier professional intervention occurs, the greater the legal space will be.

Q2: What does a lawyer do during the first meeting, and what materials do family members need to provide?

The first meeting usually verifies the following: the suspected charges, the process of appearing in court, the interrogation situation and the content of the confession, the physical condition and the detention status, and the basic facts of the case. Family members can provide: proof of the attorney-client relationship, the basic information of the client (past performance, medical history), family status, and written materials related to the case, such as contracts, chat records, and transfer certificates. According to Article 39 of the Criminal Procedure Law, defense lawyers should be allowed to meet with clients upon presenting three certificates, and the detention center shall arrange the meeting promptly, no later than 48 hours. If family members provide information truthfully and do not pass on information outside the case to the client, it is the most effective cooperation for the defense.

Q3: How much does it cost to hire a lawyer during the investigation stage?

During the criminal investigation stage, defense fees are usually charged on a per-stage basis, with the amount related to the complexity of the charges, the number of meetings, and the amount of paperwork involved. The specific fees are subject to the contract signed with the law firm. According to relevant fee regulations, criminal cases cannot be handled on a contingency fee basis. It is recommended to confirm the services included in the fees before signing the contract, such as the number of meetings, legal opinions, bail applications, and communication with the case-handling authorities, to avoid "low price signing and itemized price increases". Compared with the fees themselves, seizing the opportunity of the arrest review within ten days after detention often has a greater impact on the outcome of the case.

Q4: How long does it usually take from criminal detention to approval of arrest or bail?

According to Article 91 of the Criminal Procedure Law, the public security organ generally submits the case to the procuratorate for review and approval of arrest within three days after detention. Under special circumstances, the period may be extended by one to four days. The procuratorate shall make a decision within seven days, that is, the maximum period for obtaining the approval of arrest after criminal detention is about fourteen days; if the approval of arrest is not granted, the detainee shall be released or the compulsory measures shall be changed. There is no fixed time limit for the approval of bail pending trial. If the materials are sufficient and the communication is timely, it may take a few days to two weeks. In the first case mentioned above, the detainee was granted bail about a month after his criminal detention, and in the second case, the detainee was granted bail after being detained for 30 days. Both cases demonstrate the importance of continuous follow-up and high-quality argumentation.

Q5: After the family member has been detained by the police, what should the family specifically do now?

Five suggestions: 1. Check the charges and detention facility specified in the criminal detention notice, and keep the original copy. 2. As soon as possible, hire a lawyer for the first meeting to clarify the suspected facts and the defendant's statements. 3. Provide the lawyer with the defendant's background and case clues in a truthful manner, allowing the lawyer to assess the threshold for criminal prosecution and the conditions for bail. 4. Prepare a guarantor or bail funds according to the lawyer's advice, and cooperate with the bail procedures. 5. Maintain a regular communication with the lawyer and avoid publicly disclosing the case details online or privately seeking help from influential individuals. Throughout the entire process, follow the procedures stipulated in the Criminal Procedure Law (amended on October 26, 2018). Avoid taking hasty and ill-advised actions when facing urgent legal issues.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.