The day you get the resolution: confirm four things
First, read what the resolution actually says: which prosecutor's office issued it, the case number, the offense, the reasoning, and the disposition. Some resolutions recommend filing on only part of the complaint. The reasoning section matters, because it shows exactly which of your arguments and documents the prosecutor accepted or ignored, and that is what any motion will have to answer.
Second, how and when you received it. Personal service, mail, or service on your lawyer all count differently in practice. Keep the signed receipt or the envelope with its postmark, since deadlines run from receipt. If you were abroad or had moved, have your lawyer check the service record immediately.
Third, whether an information has already been filed in court. Sometimes the resolution and the filing happen almost together, which moves the fight to the court. Your lawyer should check both the prosecutor's office and the court.
Fourth, your own position: any notice to appear, any risk of a warrant, and where your passport is. These decide whether your first priority is the motion or arranging bail. Rely on your lawyer's judgment on all of this.
A practical tip: make three copies of the resolution the same day, one for your lawyer, one for your own file, and one kept somewhere safe away from home. Photograph every page as well, including the last page with the signatures and the date stamp, because questions about when and how you were served often turn on small details that are easy to lose. If any part of the resolution is unclear to you in English, ask your lawyer to walk you through it line by line rather than relying on a quick machine translation, which can easily miss the legal meaning of a sentence.
Asking the same office to reconsider
A motion for reconsideration asks the office that issued the resolution to look again. It is not a second copy of your counter-affidavit. It has to show where the resolution went wrong: evidence that was overlooked, a factual finding that does not hold, or a legal point that was misapplied.
The usual grounds fall into three groups. Facts, such as contradictions in the complainant's own account or documents taken out of context. Evidence, such as material you submitted that the resolution never addressed, or documents you only obtained afterwards. Law, such as a dispute that is really civil being dressed up as criminal.
Your lawyer drafts the motion. Your job is to give them a clean timeline, the full message history, witness details, and certified translations of anything in Chinese. In general you get one motion, so it should say everything at once. Whether the office holds the case back while the motion is pending, and whether the court waits, varies; rely on your lawyer's reading of current practice.
A denied motion is not the end of the road. The next section covers review and the court stage.
Think of the motion as a short, focused document rather than a long retelling of the whole dispute. Prosecutors read many of these, and a motion that points precisely to the paragraph that is wrong and the exhibit that proves it tends to be taken more seriously than one that repeats general complaints. If new evidence surfaced after your counter-affidavit, explain why you could not present it earlier. Keep the originals of everything you attach, because you may be asked to produce them later in court.
Petition for review, and what changes once the case is in court
If the resolution still stands, in the cases where it is allowed you can ask the Department of Justice to review whether probable cause really exists. Which cases qualify and at what level is set by rules that change from time to time, so have your lawyer confirm before filing.
If the information is already in court, your lawyer can raise matching requests there, for example asking the court to hold certain steps while the review is pending, or asking the judge to make an independent assessment of probable cause. Before issuing a warrant, the judge must personally evaluate the evidence, which is a separate safeguard.
The common mistake is treating the two tracks separately: a petition sits at the DOJ while the court keeps its own calendar, and a court deadline slips by. Ask your lawyer to manage both tracks on one schedule with every date written down.
Be realistic about time and outcomes; nobody can promise a result. Put your energy into solid documents, and stay away from anyone who offers to fix the case through connections.
Keep a simple tracking sheet with columns for the date, the office or court, what was filed or received, the next deadline, and who is responsible. Share it with your lawyer and update it after every development. It sounds basic, but in cases that run on two tracks this sheet is often what prevents a missed hearing or an unanswered order. If your lawyer changes, the sheet also lets the new lawyer understand the case quickly.
If a warrant is issued: bail and court appearances
Once in court, if the judge finds probable cause a warrant may follow. For bailable offenses the accused can post bail, and your lawyer can arrange for you to surrender voluntarily and post bail at the court, which is far safer and more dignified than being picked up at home or on the street.
The court decides the form and amount of bail, whether cash, a surety bond, or another accepted form. What to prepare and how long it takes depends on the court; follow your lawyer's arrangements. If raising bail is the problem, see detained and unable to post bail.
After posting bail, attend every hearing. Missing one can lead to the bail being cancelled and a new warrant. Court notices go to the address on record, so update it whenever you move or change lawyers. If you do not follow English well, ask the court for an interpreter, or have your lawyer request one ahead of time.
If what you received was a court summons rather than a prosecutor's resolution, the sequence is different; see received a court summons.
Before any voluntary surrender, ask your lawyer to confirm the exact court, branch and time, which documents and identification to bring, and how the bail amount will be paid. Bring someone you trust who can stay outside, keep your phone, and contact family if processing takes longer than expected. Keep the official receipt for the bail and the court order approving it in a safe place, because you will need them later, including when the case ends and you ask for the bail to be released.
Three extra concerns for foreigners: visa, travel, family
Visa: while a criminal case is pending, renewals, conversions and downgrades can all be affected, because the Bureau of Immigration looks harder at applicants with pending criminal records. Plan the timing of any renewal with your lawyer and a visa adviser well before expiry instead of discovering the problem at the counter.
Travel: once a case is in court, the court may restrict the accused from leaving the country or require permission first. Do not leave on your own; it can be treated as evading trial and the consequences are serious. If you genuinely need to travel for an emergency, have your lawyer apply to the court.
Family: spouse and children often hold dependent visas tied to the principal. If your status runs into trouble, theirs can follow. Talk it through with your family early, and prepare authorization letters and a contact person so someone can act for you if needed.
If you believe the complaint against you is fabricated, the overall approach is in falsely accused as a foreigner. Chinese nationals can ask the embassy or consulate for consular assistance in contacting lawyers and family, though consular staff cannot intervene in the courts.
It also helps to tell your employer early if your work visa is sponsored by a company, because the employer may receive questions or need to take steps of its own. You do not have to share every detail of the case, but a sponsor who is surprised by an immigration query is much harder to work with than one who was told in advance. Keep a copy of your visa, ACR card and passport with your lawyer as well.
Finding a lawyer, managing cost, and how YIXING can help
Retain a licensed lawyer with criminal defense experience who can work with Chinese-language material, directly or through a translator. Before signing, ask how fees are charged, which stages are included, and how extra costs are billed, and get it in writing. If your lawyer goes quiet or overcharges, you can change counsel; see when your lawyer is not acting.
What you can do yourself: number every message, contract and payment record in date order, prepare a bilingual summary of events, and put every deadline in a calendar with early reminders.
YIXING is a licensed company-registration and visa service provider, SEC registration CS202009551 and Bureau of Immigration accreditation CA-202624381-1, with registrations at DOLE and the PRA. We do not give legal advice or represent clients in court, but we can help you assess how a case affects your visa, plan renewal timing, and refer you to partner lawyers and translators through visa and status support.
Every case is different; please consult a licensed lawyer. This article is not legal advice.
Expect the process to take months rather than weeks, and budget for it. Ask your lawyer for a realistic outline of the stages ahead and roughly what each one involves, so that you are not surprised by additional hearings or filings. Keep all receipts for legal fees and related costs. If the complaint came out of a business dispute, consider whether a negotiated settlement of the underlying civil issue is possible, and discuss with your lawyer how that would interact with the criminal case, since the two are related but not the same.
Frequently Asked Questions
Does a resolution to file charges mean I am guilty?
What is the difference between reconsideration and review?
How long do I have to file for reconsideration?
The case is already in court. Can I still seek review?
Could I be arrested suddenly?
Can I renew my visa while the case is pending?
Can I just go back to China for a while?
Let’s talk through your situation — free
Every company is different. Leave your details and a Chinese-speaking advisor will get back within 1 business day with practical, industry-specific guidance and a transparent quote.
Get help with Chinese Community → Free consultation