First of all, the criminal suspect or his relatives and friends go to the law firm to handle the entrustment procedures, and the law firm appoints lawyers for the criminal suspect. Secondly, the criminal suspect or his relatives and friends should show proof of guarantor or willingness to pay the deposit. Third, according to the information of the judicial organs, lawyers believe that the criminal suspect meets the conditions of bail pending trial, that is, lawyers apply to the relevant authorities for bail pending trial. If a lawyer does not accept the entrustment of a criminal suspect or his close relatives, he cannot apply for bail for the criminal suspect on his own. As a form of compulsory measures such as bail pending trial, there must be a guarantor or deposit to ensure that the criminal suspect who is released on bail pending trial can be summoned at any time. If lawyers apply for bail for criminal suspects on their own, there is no way to implement the guarantor or deposit for bail pending trial, and the elements of compulsory measures for bail pending trial are not available. Therefore, lawyers cannot apply for bail for criminal suspects on their own.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 68 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.