As long as the criminal suspect meets the conditions for obtaining a guarantor pending trial, he can also apply for obtaining a guarantor pending trial after being arrested.
According to the law, the People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
（1） Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
（2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
（3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
（4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Legal basis
Article 67 of the Criminal Procedure Law of the People's Republic of China, the people's courts, the people's procuratorates and the public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
（1） Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
（2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger;
（3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger;
（4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial.
Obtaining a guarantor pending trial shall be executed by the public security organ.
