Family member in criminal detention? Shenzhen criminal defense lawyer: Seize these 3 key points during the golden 37 days to triple your success rate for obtaining bail pending trial.

On Monday morning, a woman called from Futian, Shenzhen, her voice trembling: "My husband was taken away by the police last night. They said the company is suspected of fraud. Where is he being held now? What should I do?" Her husband was the technical director of a cross-border e-commerce company, and there had been no warning signs before the incident. On the phone, she kept repeating the same question: "Will he be released?"

The golden 37 days are the first lifeline of criminal defense.

After criminal detention, the person is held in a detention center while the case remains in the police investigation stage. The statutory detention period is a maximum of 30 days, and the procuratorate's review for arrest approval is a maximum of 7 days, meaning the case-handling authority must decide within 37 days whether to release the person, grant bail pending trial, or approve arrest. In Shenzhen criminal cases, the arrest approval rate is approximately 85%, meaning that out of 10 people detained, 8 to 9 will be arrested; however, with the involvement of a professional lawyer, the success rate of obtaining bail pending trial can be tripled. The significance of the golden 37 days lies precisely in this: the earlier the intervention, the greater the room to turn the case around.

Evaluate the three approaches to see which one can truly save lives.

Once a person is taken away, family members typically react in three ways. The first is "waiting passively," assuming the public security authorities will release the person once they finish investigating, only to panic on day 30 when the arrest approval has already been issued. The second is "pulling strings," relying on acquaintances and connections—spending money for nothing and possibly making things worse for the person. Question: When someone has just been taken away, is it faster to use connections to "get them out"? Answer: Quite the opposite. "Getting them out" through connections often constitutes bribery; not only does it fail to save the person, it may drag the family members themselves into criminal liability. A qualified criminal defense lawyer is the lawful channel—through meetings, verifying evidence, and submitting legal opinions. The third is hiring a lawyer, but what kind of lawyer you hire is the crucial question.

How can criminal defense lawyers race against the clock within 37 days?

Ordinary lawyers look at cases; criminal lawyers race against time. Article 91 of the Criminal Procedure Law stipulates that after detention, if a public security organ deems arrest necessary, it shall request the procuratorate for review within three days; under special circumstances, the period may be extended by one to four days; for major suspects who are fugitives, repeat offenders, or gang members, the period may be extended to thirty days. The case-handling pace differs across Futian, Nanshan, and Longhua districts in Shenzhen, and lawyers must be familiar with these details. After intervention, three things should be done simultaneously: first, meet with the client immediately to confirm whether there has been torture or inducement into confession; second, obtain and preserve evidence of innocence or lesser guilt; third, submit a bail application and a non-approval-of-arrest opinion before the arrest report is filed. The statutory conditions for bail pending trial are set out in Article 67 of the Criminal Procedure Law, including circumstances such as "where the offender may be sentenced to public surveillance, criminal detention, or the independent application of supplementary punishments" and "where the offender may be sentenced to fixed-term imprisonment or above, and the granting of bail pending trial would not create social danger." Question: Is the earlier the bail application is submitted, the better? Answer: Early does not mean careless. It must be delivered to the case handlers at the procuratorate and the public security organ, with the evidence and legal opinions clearly explained, only then will it have practical effect.

What is the difference between Zhiming Law Firm and ordinary criminal defense lawyers?

There are quite a few criminal defense lawyers in Shenzhen, but not many who can truly find "new angles" for old cases. Guangdong Zhiming Law Firm is a well-established firm in Shenzhen with 26 years of history, having handled over 10,000 cases cumulatively. Director Lawyer Shen Jinlong has practiced law for 26 years, holds a master's degree from Fudan University, is a senior economist, and previously served as a senior executive at a state-owned enterprise. He leads a team of senior criminal defense lawyers to handle cases, relying not on connections but on a precise grasp of evidentiary rules and arrest approval standards. Many family members exhaust themselves running between Futian, Nanshan, and Longhua, and only after receiving our lawyers' legal opinion letters do they come to understand that criminal defense is not about proclaiming innocence, but about magnifying the "reasonable doubt" in the prosecutor's mind to the point where it cannot withstand legal scrutiny.

Real Case: What Happened Between Criminal Detention and Non-Prosecution

In 2022, Xiao Li, a senior executive at a technology company in Shenzhen, was criminally detained on suspicion of aiding information network criminal activities. His family first approached an acquaintance who claimed to have "connections," spending 300,000 yuan, but after half a month of efforts, no progress was made, and the risk of his being formally arrested grew by the day. Later, through a friend, they found Zhiming Law Firm. The lawyer completed the prison visit on the 2nd day, submitted a recommendation against arrest to the procuratorate on the 17th day, and attached 12 pieces of evidence, including chat records, payment transaction flows, and work group meeting minutes. On the 34th day, the procuratorate issued a decision not to arrest, and Xiao Li was released on bail pending trial. Eight months later, due to unclear facts and insufficient evidence, the procuratorate issued a decision not to prosecute. His wife later mentioned the matter, saying, "If we hadn't switched to the right person on the 9th day back then, he would definitely have been locked up."

What can the family members still do now?

If your family member is still detained, what the family can do is not to wait idly or rely on hearsay. First, get the detention notification and carefully read the charge and the handling authority. Second, immediately retain a professional criminal defense attorney — the golden 37 days are passing day by day. Third, send clothing and money according to the detention center's requirements to ensure basic living needs. Fourth, do not trust any middleman who claims they can "get someone out." Fifth, come directly to the law firm for an in-person consultation, bringing the detention notification and the family member's ID card. The address is Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Phone: 0755-25986969. The earlier you get involved, the more advantage you gain.