Criminal Litigation
Frequently Asked Questions
When should I contact a criminal lawyer?You should contact a criminal lawyer as soon as you become aware that you are under investigation, have been called in for questioning, or have been charged with an offence. Early legal advice is critical to protect your rights, guide you on what to say or not say, and ensure proper procedures are followed from the outset.
Are there any criminal matters your firm does not handle?Yes. Our firm does not handle cases involving rape, sexual offences involving minors, sexual harassment, or other similar offences. These matters fall outside our scope of practice. We focus on criminal matters that align with our expertise and professional judgment.
What types of offences fall under criminal law?Criminal law generally covers offences prosecuted by the State and governed primarily by the Penal Code, as well as other criminal statutes. Common categories of criminal offences include offences relating to property (such as theft, criminal breach of trust, and cheating), offences against the person (such as voluntarily causing hurt or assault), offences involving dishonesty or fraud, drug-related offences, and other offences created under written law. Criminal matters are investigated by the authorities and prosecuted in court, and may result in penalties such as fines, imprisonment, or other court orders if a person is convicted.
What is the difference between being arrested and being charged?Being arrested means the police have taken you into custody to assist with an investigation or to prevent further potential offences. It does not mean formal legal action has begun. Being charged means that the police have completed their investigation and the public prosecutor has determined there is sufficient evidence to commence prosecution in court. Once charged, the matter will be listed for a court appearance, and you may be required to enter a plea.
How does bail work in Malaysia?Bail can take two main forms: police bail (often granted during investigation when a suspect has not yet been brought before a Magistrate) and court bail (granted by a court after charges are filed).
Whether bail is granted depends on the offence. For bailable offences, bail is generally offered as of right; for non-bailable offences, the court has discretion; and for unbailable offences, bail may not be available.
Conditions may be imposed, such as providing sureties or reporting regularly to authorities, and failure to comply can lead to bail being revoked and forfeiture of any security provided.
Do I need a lawyer even if the offence is minor?Yes. Even offences that appear minor can carry legal consequences, including fines, criminal records, or future implications if matters escalate. Legal advice helps you understand the charge, your options, and the potential outcomes, and ensures that your rights are protected throughout the process. In some cases, early legal intervention can prevent matters from becoming more serious.