Being detained by the police can be an overwhelming and frightening experience. However, it is important to remain calm and understand that you have legal rights that are protected under the Malaysian Federal Constitution and the Criminal Procedure Code.

Your Right to Know the Reason for Arrest

Under Article 5(3) of the Federal Constitution, a person who is arrested must be informed as soon as may be of the grounds of his arrest. This means the police officer must tell you why you are being arrested. If they do not, you should calmly ask them to state the reason.

Your Right to Consult a Lawyer

You have the right to consult and be defended by a legal practitioner of your choice. This is guaranteed under Article 5(3) of the Federal Constitution. Upon arrest, you should immediately ask to contact your lawyer. Do not answer any questions or make any statements until your lawyer is present.

Your Right to Remain Silent

You are not obliged to answer any questions put to you by the police beyond providing your name and address. Anything you say can and will be used against you in court. Exercise your right to silence until you have spoken with your lawyer.

The 24-Hour Rule

Under Section 28 of the Criminal Procedure Code, a person who has been arrested without a warrant must be produced before a Magistrate within 24 hours of arrest (excluding travel time). If the police wish to detain you further, they must apply to the Magistrate for a remand order.

What You Should Do

1. Stay calm and do not resist arrest
2. Ask for the reason for your arrest
3. Immediately ask to contact your lawyer
4. Do not sign any documents without your lawyer present
5. Do not make any statements to the police without legal advice

If you or a loved one has been arrested, contact JVA & Co immediately at 016 606 4228. We are available to assist you through this difficult time.

Receiving a legal demand letter — also known as a letter of demand — can cause considerable anxiety. However, it is important not to panic. Understanding what the letter means and how to respond appropriately can make a significant difference to the outcome of your matter.

What is a Demand Letter?

A demand letter is a formal written notice from one party to another, demanding that the recipient take a specific action — most commonly, to pay a sum of money or to stop a particular conduct. It is typically the first formal step before legal proceedings are commenced.

Do Not Ignore It

The most important thing to understand is that you should never ignore a demand letter. Ignoring it will not make the matter go away. In fact, it may result in legal proceedings being filed against you, which will cost significantly more time and money to resolve.

Seek Legal Advice Immediately

You should consult a lawyer as soon as possible after receiving a demand letter. A lawyer can assess the merits of the claim against you, advise you on your options, and draft an appropriate response on your behalf.

Your Options

1. Comply with the demand — if the claim is valid and it is in your interest to settle
2. Negotiate a settlement — your lawyer can negotiate terms more favourable to you
3. Dispute the claim — if you have valid grounds to contest the demand
4. Seek more time — request an extension of the deadline to take legal advice

If you have received a demand letter, contact JVA & Co at 016 606 4228 or jva@jeremyvineshanthony.com for a consultation.

This article is coming soon. In the meantime, if you have any employment law questions, please contact us directly at 016 606 4228 or jva@jeremyvineshanthony.com.