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ABOUT AGREEMENT
WHAT TYPE OF AGREEME NT DO YOU DRAFT?
CAN YOU HANDLE THE S ALE AND PURCHASE
AGREEMENT OF MY HOUSE?
I AM DYING. BUT BEFO RE I DIE I WANTED TO
MAKE SURE MY CHILDRE N INHERITS ALL MY
PROPERTIES. CAN YOU DO THAT FOR ME?
MY LAWYER FROM PENAN G HAS DRAFTED A
SALE AND PURCHASE AG REEMENT IN RESPECT
OF PROPERTY I BOUGHT IN BUTTERWORTH.
SINCE I AM WORKING IN KOTA KINA BALU, THE
LAWYER ASKED ME TO E XECUTE THE
AGREEMENT IN FRONT O F SABAHAN LAWYER.
CAN YOU DO THAT FOR ME AND HOW MUCH DO
YOU CHARGE?
ABOUT CONSULTATION
I AM INTERESTED TO APPOINT YOU AS MY
LAWYER. CAN YOU EVALUATE MY CASE?
WILL YOU CHARG E CONSULTATION FEE F OR
SALE AND PURCHASE AG REEMENT AND ETC.?
WHAT HAPPEN AFTER TH E INITIAL
CONSULTATION?
DO YOU CHARGE REQUES T FOR CONSULTATION
VIA EMAIL ?
AFTER THE CONSULTATI ON, I HAVE DECIDED
TO APPOINT YOU AS MY LAWYER. WHAT'S
NEXT?
I HAVE BEEN CHARGED IN THE COURT FOR
CRIMINAL OFFENCE AND NEED YOUR ADVISE ON
HOW TO PROCEED.
Murder
including culpable homicide, negligence, reckless driving.
Causing hurt
by dangerous means/weapons/tools.
Rape
including unnatural offences such sodomy & buggery.
Assault
including use of criminal force to outrage modesty.
PROPERTY
Robbery
including gang robbery.
Theft
including theft of a motor vehicle and in dwelling house.
Stolen Property
dishonestly receiving stolen property and assisting in concealment of stolen property.
Cheating
by inducing delivery of property.
BRIBERY
Misappropriation/Breach of trust
dishonestly misappropriates, or converts property to own use.
Abuse of power
Using power or position to grant contract to family members
Bribery
soliciting/receiving gratification in exchange for any act or omission in the performance of
his public functions.
DRUGS
Drug Trafficking
S.39B of DDA
Possession of Drugs
S.12 of DDA
STAGE 1
The criminal justice system in Malaysia recognises two types of offence which
the police may arrest with or without warrant. In a case where arrest has been
made without warrant and categorised as seizable offence, the police may
proceed with investigation of criminal offence without prior Order to
Investigate (OTI) from the Public Prosecutor. The Police have 24 hours to
complete the investigation which thereafter the Investigation Paper (IP) should
be referred to the Public Prosecutor for further direction. If the investigation
cannot be completed within 24 hours, the Police may apply to the Court for
the suspected person be remanded under section 117 of the Criminal
Procedure Code.
During the arrest, the suspected person may request and inform the police that
he has the right to be represented by a lawyer before the start of questioning
or recording any statement from the suspected person. Any questioning or
recording of any statement by the police shall be deferred until the
consultation with the lawyer has been made.
STAGE 2
REMAND PROCEEDINGS
After the expiration of 24 hours from his arrest, the arrested person shall be
released forthwith. However, the Police may apply to the court for the
suspected person be remanded beyond the 24 hours in order for the police to
complete the investigations.
In most seizable offence which carries imprisonment of less than 14 years, the
Magistrate may make an order to remand the suspected person up to 4 days
on the first application and shall not be more than 3 days on the second
application. For offence punishable with death or imprisonment of 14 years or
more, the detention shall not be more than 7 days on the first application and
shall not be more than 7 days on the second application.
STAGE 3
Soon after the period of remand has expired, the criminal charge will be read
and explained to the accused person. If the accused person does understand
the nature and consequences of the charge, the accused person is entitled
to enter a plea. You have the right to be represented by a lawyer when the
charge is read. Should the accused plead not guilty to the charge, the lawyer
will request for bail application. Bail application is when the court will hear
submissions from the accused's lawyer whether the accused may be released
from custody upon payment of security deposit to the court. The payment of
sum of money to the court is a form of security taken from a person to appear
on a fixed date before a court. However, some offences the law excludes the
person right to the bail hence he shall be further detained until the completion
of the trial.
If the court grants the bail application, the accused will be released from
custody. But the criminal case is not over yet. The accused shall compulsory
attend every hearing/mention and trial of the case on the date and time fixed
by the court. Failure to do so would result the security deposit forfeited and
warrant of arrest will be issued against the accused person and if deemed
necessary to the person who stands as bailor to the accused.
STAGE 4
After the bail proceedings, a new date will be fixed for the case management.
All relevant documents and evidence to be used by the prosecution in the trial
will be given to the defence lawyer.
STAGE 5
TRIAL
The trial begins with the prosecution calling their witnesses and presenting their
evidence to the court. The prosecution at this stage is required to discharge
the burden of proving their case beyond reasonable doubts. If the prosecution
fails to establish a prima facie case, the court will discharge and acquit the
accused.
STAGE 6
POST-TRIAL
In the event the accused person is found guilty, the court will sentence the
accused person according to the prescribed punishments. Before sentencing,
the lawyer will have a chance to ask for mitigation i.e. lighter sentence. After
sentencing, the lawyer may also ask for stay of execution pending appeal to
the appellate court.