A simple guide to your legal rights and what to expect if you are under investigation or arrested in Malaysia.

Facing a criminal investigation or arrest can be overwhelming, especially if you’re unfamiliar with your rights or what the legal process involves. Whether the police have contacted you for questioning or you’ve been served with a formal charge, it is important to understand what steps you should take and what protections are available under Malaysian law.

Initial Contact by Police

In many cases, a criminal matter begins when the police approach someone for questioning. If you are contacted to assist in an investigation, you have the right to ask whether you are being treated as a witness or a suspect. This distinction is important, as it affects whether you are legally required to answer questions and whether you should have a lawyer present.

While the police can request you to give a statement under Section 112 of the Criminal Procedure Code, you are not obliged to answer every question, especially if the answer may incriminate you. You have the right to remain silent and to request the presence of legal counsel.

Your Rights Upon Arrest

If you are formally arrested, the police must inform you of the reason for your arrest and your rights, including your right to contact a lawyer and to inform your family. This is provided under Article 5 of the Federal Constitution of Malaysia. You also have the right to be brought before a magistrate within 24 hours. Failure to do so constitutes unlawful detention.

During arrest or remand, you should be cautious about making any statement without consulting a lawyer. What you say may later be used as evidence in court. It is your right to remain silent, especially if legal advice is not yet available to you.

Legal Representation Is Crucial

Engaging a criminal defence lawyer as early as possible can have a major impact on your case. A lawyer can be present during police questioning, assist with applying for bail, and help ensure that your rights are respected during the investigation.

In serious offences, the police may apply for remand to keep you in custody while they complete investigations. Your lawyer can oppose or negotiate the terms of remand, depending on the circumstances. In less serious cases, you may be released on police bail pending further action.

Being Formally Charged

If the Public Prosecutor decides there is sufficient evidence, you may be formally charged in court. At this point, the nature of the offence, potential penalties, and your available defences should be clearly explained to you by your lawyer. Whether you plead guilty or not, legal guidance is essential to help you make an informed decision.

The Malaysian legal system follows the principle that you are presumed innocent until proven guilty. The burden of proof lies with the prosecution, and your defence counsel has the right to cross-examine witnesses, challenge evidence, and call your own witnesses during trial

Don’t Wait to Get Help

If you are being investigated or have been arrested, the most important step you can take is to speak to a criminal defence lawyer as soon as possible. Early legal intervention can often prevent mistakes that may affect your case later.

Legal matters involving arrest, remand, and criminal charges can be intimidating, but you do not have to face them alone. Knowing your rights and acting on them early can protect your freedom and your future.

At Royston Tan & Co., we assist clients at every stage of the criminal process, from investigation to trial. Contact us if you need immediate legal advice or representation.