When a family member is detained in Guangzhou, panic can lead to poor decisions — decisions that can damage the defence and, in the worst cases, expose family members to criminal liability themselves. Here are the five most common mistakes, and what to do instead.
Mistake 1: Trusting "Fixers" Who Claim to Have Connections
Within hours of a detention becoming known, it is common for acquaintances — or strangers who have heard the news — to offer help. They claim to know someone in the police, the Procuratorate, or the court. They promise to "get the person out" for a fee. Virtually all such claims are fraudulent. Chinese criminal procedure is governed by law, not personal connections. Money paid to fixers is lost. Worse, time wasted on fake solutions is time not spent engaging legitimate counsel. The only person who can meaningfully assist a detainee is a qualified Chinese defence lawyer.
Mistake 2: Attempting to Contact or Influence Witnesses
Well-intentioned family members sometimes try to speak with witnesses — to understand what happened, to clarify a misunderstanding, or to persuade a witness to withdraw a complaint. Under Chinese law, this conduct can constitute interference with the investigation or obstruction of justice. It may expose the family member to criminal investigation and can seriously prejudice the detainee's case. All communication with witnesses should be left to counsel, who will act within the bounds of professional ethics and the law.
Mistake 3: Destroying or Concealing Documents and Evidence
In the chaotic aftermath of a detention, a family member may be tempted to delete messages, dispose of documents, or remove items they believe may be harmful to the detainee. This is itself a criminal offence — destruction or falsification of evidence. It can result in the family member being investigated and prosecuted. The correct course is to preserve all materials in their original state and provide them to counsel for assessment — nothing should be altered, deleted, or destroyed.
Mistake 4: Delaying the Engagement of Counsel
Some families wait — to see if the person is released, to gather more information, or to consult relatives before deciding. Every day of delay is a day during which the investigation proceeds without the detainee having access to legal advice. The first 37 days are the critical window for seeking release on bail. Counsel engaged on day 30 has far less opportunity to act than counsel engaged on day 1. There is no reason to wait — a lawyer can be retained immediately, and the engagement can be terminated if circumstances change.
Mistake 5: Discussing the Case Publicly or on Social Media
Posting about the case on WeChat, Facebook, or other social media platforms can have serious unintended consequences: it may disclose information that the investigating authority considers confidential; it may be construed as an attempt to pressure the authorities; and it may prejudice the detainee's procedural position. Case-related information should be shared only with counsel and — where appropriate — with the consulate. Public commentary should be avoided unless and until counsel specifically advises otherwise.
Related: What to Do When Arrested → | Five Things to Know → | Interrogation Rights →