Criminal Law FAQ

Stay calm, ask why you are being arrested, and request to speak to a lawyer immediately. You have the right to remain silent beyond giving your name and address. Do not sign any statement without legal advice.

Contact a criminal lawyer as soon as possible. Early representation can protect your rights during police investigation, remand hearings, and any statement recording under the Criminal Procedure Code.

You should consult a criminal lawyer as soon as you are under police investigation, called for a statement under Section 112 of the Criminal Procedure Code, remanded, or charged in court.

Early advice helps with bail applications, protecting your rights during search and seizure, and preparing your defence before trial, whether the matter involves fraud, assault, drug offences, white-collar crime, or other Penal Code charges.

Remand is a court order allowing police to detain a suspect for further investigation. The remand period depends on the alleged offence and may range from several days to longer periods permitted under the Criminal Procedure Code.

Your criminal lawyer can attend the remand hearing and argue against unnecessary detention or for a shorter remand period.

Many offences are bailable, meaning you may be released on bail pending trial. Some serious offences are non-bailable or require the court's discretion.

Bail conditions may include a surety, passport surrender, or reporting requirements. A criminal lawyer can apply for bail at the Magistrates' Court, Sessions Court, or High Court depending on the charge.

Criminal cases start in the Magistrates' Court or Sessions Court depending on the maximum sentence for the offence. Serious offences such as murder and certain drug trafficking charges are tried in the High Court.

Convictions can be appealed to the Court of Appeal and, in certain cases, the Federal Court, the highest court in Malaysia.

During investigation, police gather evidence, take statements, and may apply for remand or charge you in court. A trial begins only after you plead to a charge.

At trial, the prosecution must prove guilt beyond reasonable doubt. Your criminal lawyer cross-examines witnesses, challenges evidence, and presents your defence.

Yes. After conviction and sentencing, you may appeal to the Court of Appeal on questions of fact or law. Further appeal to the Federal Court is available in limited circumstances, such as where a question of general principle is involved.

Strict time limits apply. Consult a criminal lawyer immediately after sentencing.

Legal fees vary by case complexity, court level, and whether the matter goes to trial. Many firms charge a consultation fee followed by a retainer or staged fees for investigation, bail applications, and trial preparation. Some accused persons may qualify for legal aid.

Ask for a written fee estimate before engaging counsel.

Your first appearance is usually a mention or plea hearing after you are charged. The charge is read to you, and you may plead guilty or claim trial (not guilty).

The court may consider bail, adjourn for case management, or fix a trial date. Attend with your criminal lawyer so your plea, bail position, and next steps are handled correctly.

Simple matters may conclude in a single day. Complex trials with multiple witnesses can run for weeks or months, with adjournments between hearing dates. Appeals add further time.

Your criminal lawyer can give a realistic timeline based on the charges, number of witnesses, and which court is hearing the case.