[Direct answer]In the Beijing area, lawyers can do much more than just "meet once" during the criminal detention period: First, they can arrange a meeting within 48 hours with the client's practice certificate to understand the suspected charges, the interrogation situation, and the client's physical and mental state; Second, they can conduct an assessment to preliminarily determine whether the case constitutes a crime or not, and to distinguish between different types of crimes; Third, they can apply for bail pending trial and submit legal opinions based on the absence of social danger; Fourth, they can submit opinions against the approval of arrest to the procuratorial organ during the review stage of the approval of arrest. During the 37-day period from criminal detention to the approval of arrest, these actions directly determine the direction of the case—the detainees most need professional legal help during this period.
1. Problem background and typical scenarios
The family member is detained in custody, and relatives are unable to visit or deliver supplies. The only legal channel of information is through the lawyer. Many relatives mistakenly believe that "it's useless to hire a lawyer during detention because the case hasn't reached the court yet", only to find the client helpless during interrogation and miss the opportunity to apply for bail. The detention stage is the "unseen part" of the entire criminal process, and professional intervention by a lawyer is precisely most scarce and valuable during this stage.
II. Key points of contention
Firstly, the scope of the meeting: what can be asked, what can be conveyed, and what can be guided; Secondly, the conditions for applying for bail pending trial and the methods of demonstrating social danger; Thirdly, legal opinions in the approval stage of arrest, and the key perspectives of the procuratorate's review; Fourthly, the boundaries of family members' compliance and cooperation, and the red lines of sending items and conveying messages.
III. Professional analysis by Henglue Lawyers
The first layer involves the threefold function of the meeting: obtaining information (about the suspected charges, the content of the interrogation, and the evidence pointing to the suspect), providing support (informing the client of their litigation rights, stabilizing their emotions, and guiding them to provide truthful statements and protect themselves), and assessing the case's progress (determining the severity of the charges and the direction of the defense). Lawyer-client meetings are not monitored, making them the only reliable communication channel for clients. The second layer focuses on the strategy for applying for bail: organizing materials based on the conditions set forth in Article 67 of the Criminal Procedure Law—such as the possibility of a light sentence, illness, pregnancy or breastfeeding, or the expiration of the detention period—and arguing for the defendant's "lack of social dangerousness." This is supplemented by factors such as first-time offenses, compensation and apologies, fixed residences, and compliance with bail conditions. The success rate of the application depends on the consistency between the materials and the case facts. The third layer provides a practical case reference: In a case of disseminating obscene materials handled by Attorney Shang Jiangpeng of Beijing Henglue Law Firm, C某 was detained by the Haidian Branch of the Beijing Municipal Public Security Bureau for reposting and sharing three obscene videos, which were viewed approximately 5,000 times and downloaded around 1,000 times without generating any profit. After the meeting, Attorney Shang Jiangpeng successfully argued from two perspectives: the defendant's failure to meet the threshold for criminal charges and his lack of social dangerousness. Combined with factors such as voluntary surrender and plea bargaining, he submitted a legal opinion letter for bail, and on June 24, 2026, the authorities granted bail. Every professional action taken by the lawyer during the detention stage increases the possibility of transforming the client's detention into non-detention. The fourth layer addresses the boundaries of family cooperation: Families can send clothing and living expenses and obtain updates on the case through the lawyer. However, it is strictly prohibited to use connections to inquire about the case, privately contact case handlers, or transmit information intended to collude with witnesses. Such actions not only fail to help the client but may also constitute new violations of the law. This case was handled by Beijing Henglue Law Firm.Shang Jiang PengThe attorney (practice certificate number: 11101202310580738, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical Suggestions and Legal Basis
The first step is to hire a lawyer as soon as possible after being detained and arrange the first meeting with the lawyer as soon as possible. The second step is to evaluate the possibility of bail based on the results of the meeting and submit the application materials. The third step is to submit the legal opinion on not approving the arrest within the seven-day window of the review of the arrest warrant. The fourth step is for the family to send materials according to the lawyer's guidance and maintain a stable mindset. The main legal basis: Article 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on meetings and communications, Article 67 on bail pending trial, and Article 88 on the review of the arrest warrant, interrogation, and hearing of opinions; the specific application shall be subject to the currently effective provisions.
5. Henglu Law Firm's Reminder
Every action taken by a lawyer during the criminal detention stage is subject to time limits: meetings should be conducted quickly, bail materials should be accurate, and opinions on approving arrests should be submitted before the window for such approvals closes. For cases involving defense during the criminal detention stage, lawyers can proceed through the following channels:Criminal defense and criminal case filingObtain a comprehensive solution for the service; for cases involving bail pending trial and custody review, it can be combined with other services.Special servicesPlate; for cases involving economic crimes, you can refer to it for reference.\nFinancial capital and cross-border transactions involving foreign entitiesColumn; if the enterprise staff are involved in criminal cases, you can consult for adviceIntellectual property protection and corporate lawTeam.
VI. Frequently Asked Questions
Q1: How long does a lawyer's meeting last? Can they pass on messages?
A single meeting usually lasts between 30 minutes and one hour. Lawyers can convey the concerns and compliance issues of family members, but they are strictly prohibited from passing on illegal information such as colluding to give false testimony or changing their confessions.
Q2: What is the maximum length of criminal detention?
Generally, the request for arrest shall be submitted within three days after the detention, and the period may be extended by one to four days; for those who commit crimes by roving around, repeatedly, or in gangs, the period may be extended to 30 days, and the procuratorate shall review the case for seven days, with a maximum period of 37 days.
Q3: What is the success rate of obtaining bail pending trial?
It depends on the severity of the crime, the social danger assessment, and the physical condition of the defendant. The success rate is significantly higher for misdemeanors, first-time offenders, and cases where the evidence is already established. The quality of the evidence is a crucial factor.
Q4: Are the attorney's consultation fees charged separately?
If the meeting is arranged during the investigation stage, it is usually included in the stage service fee. However, if it's just a single meeting, it can be arranged separately, and the fee will be relatively lower.
Q5: Can family members apply for bail on their own?
You can submit an application, but materials lacking supporting information from interviews are often vague; it's completely different when a lawyer organizes arguments after understanding the case and makes a convincing case.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of rulings 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, so as 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. In case of disputes, please consult a practicing lawyer in time.