At Azhier Arisin & Jaafar, we offer straightforward, honest, legal advice. Our aim is to help you understand and evaluate the best options available, so that you can make the right decisions. Our ultimate goal is to bring effective resolutions to your disputes efficiently and effectively.
Our experienced team offers excellent representation in different areas of law, including criminal defence, civil litigation, and corporate matters. Our slogan, "Advocating Fearlessly" is the essence of our ethos. Each word we utter, every strategy we devise, resonates with the vibration of fearless advocacy, aimed at anchoring justice and truth.
WHY US?
01. COST-SAVING FEE STRUCTURE
We understand the importance of accessible legal services. Our fee structure is designed to be both reasonable and cost-effective, ensuring quality representation without financial strain.
02. EXCLUSIVE PRACTICE IN SABAH AND LABUAN
Our practice is exclusively focused in the state of Sabah and the Federal Territory of Labuan. With in-depth knowledge of local laws and regulations, we offer specialized expertise that lawyers from other jurisdictions, such as West Malaysia, cannot provide.
03. LIMITED ENGAGEMENT
To maintain the highest standards of service, we accept a limited number of cases each year. This allows us to dedicate our time, attention, and resources to each case, ensuring thorough and personalized legal support.
04. SKILLED LEGAL TEAM
We provide honest and straightforward legal advice, ensuring clarity and transparency at every step. Our team of experienced and skilled lawyers is dedicated to offering practical and effective solutions, approaching each case with meticulous attention, unwavering commitment, and strategic expertise.
TRUSTED BY LEADING CORPORATIONS
ABOUT THE LEGAL FEE
How much do you charge for legal fee?
How much do you charge for drafting Sale and Purchase Agreement?
Can I get a discount on my legal fee?
Does the Legal Fee Include Disbursements and Filing Fees?
Can you start work on my case without payment of deposit?
Why Are Lawyer’s Fees So Expensive?
Do you accept payment via Credit Card?
ABOUT CRIMINAL Litigation
My family member has been arrested. What should I do?
I have been arrested for more than 24 hours. What should I do?
Can I be bailed out during the remand period?
My remand has expired. What’s next?
I plead not guilty to the charge. Can I be bailed out?
Can a lawyer stand as my surety?
Can you explain the process of criminal justice?
ABOUT AGREEMENT
What Types of Agreements Do You Draft?
Can You Handle the Sale and Purchase Agreement for My House?
I Am Terminally Ill. Can You Help Ensure My Children Inherit My Properties?
My Lawyer from Penang Drafted a Sale and Purchase Agreement for a Property I Bought in Butterworth. I Need to Execute It in Front of a Sabahan Lawyer. Can You Help, and How Much Do You Charge?
ABOUT CONSULTATION
I Am Interested in Appointing You as My Lawyer. Can You Evaluate My Case?
Do You Charge a Consultation Fee for Sale and Purchase Agreements or Similar Matters?
What Happens After the Initial Consultation?
Do You Charge for Consultation Requests via Email?
After the Consultation, I Have Decided to Appoint You as My Lawyer. What’s Next?
I Have Been Charged in Court for a Criminal Offence and Need Your Advice.
what type of CRIMINAL offences we defend
PERSONS
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
Administering drugs into body
S.15(1) of DDA
Offence under Drug Dependant Act
Detention under Agensi Anti Dadah Kebangsaan
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“Falsus in uno, Falsus in omnibus ”
CRIMINAL LITIGATION PROCESS
STage 1
ARREST & INVESTIGATION
In Malaysia, the criminal justice system categorizes offences into two types: those for which the police may arrest with or without a warrant. In cases of arrests made without a warrant for a seizable offence, the police can proceed with investigating the criminal offence without first obtaining an Order to Investigate (OTI) from the Public Prosecutor. The police are required to complete the investigation within 24 hours, after which the Investigation Paper (IP) must be referred to the Public Prosecutor for further instructions. If the investigation cannot be completed within this timeframe, the police may apply to the court under Section 117 of the Criminal Procedure Code to remand the suspect.
During the arrest, the suspect has the right to inform the police that they wish to be represented by a lawyer before any questioning or statement recording begins. The police are required to delay questioning or recording of any statement until the suspect has consulted with their lawyer.
STAGE 2
REMAND PROCEEDINGS
After the initial 24-hour period following an arrest, the detained individual must be released immediately unless the police apply to the court for an extension of detention to complete their investigations.
For most seizable offences carrying a sentence of less than 14 years' imprisonment, a Magistrate may order a remand of up to 4 days on the first application and up to 3 days on a second application. For offences punishable by death or imprisonment of 14 years or more, the detention may be extended for up to 7 days on both the first and second applications.
At this stage, the suspect has the right to appoint a lawyer to contest the police's remand application. Legal representation should ideally be arranged promptly, preferably as soon as the suspect is arrested and taken to the police station.
STAGE 3
CHARGE AND BAIL
Once the remand period expires, the criminal charge will be read and explained to the accused. If the accused understands the nature and consequences of the charge, they may enter a plea. The accused has the right to be represented by a lawyer during this process. If the accused pleads not guilty, their lawyer may submit a bail application.
A bail application involves the court hearing arguments from the accused's lawyer on whether the accused can be released from custody upon paying a security deposit. This deposit serves as a guarantee for the accused's attendance in court on the specified dates. However, certain offences are non-bailable under the law, in which case the accused will remain in custody until the trial concludes.
If the court approves the bail application, the accused will be released from custody. However, the criminal proceedings will continue. The accused must attend all court mentions, hearings, and trial dates as scheduled. Failure to appear will result in the forfeiture of the security deposit, the issuance of a warrant of arrest, and, if necessary, legal action against the bailor who provided the guarantee.
STAGE 4
PRE-TRIAL CASE MANAGEMENT
After the bail proceedings, the court will set a new date for case management. During this stage, all relevant documents and evidence that the prosecution intends to use at trial will be provided to the defense lawyer.
STAGE 5
TRIAL
The trial commences with the prosecution presenting its case by calling witnesses and submitting evidence to the court. At this stage, the prosecution bears the burden of proving the case beyond a reasonable doubt. If the prosecution fails to establish a prima facie case, the court will discharge and acquit the accused.
STAGE 6
POST-TRIAL
If the accused is found guilty, the court will impose a sentence based on the prescribed punishments. Before sentencing, the defense lawyer will have the opportunity to present a mitigation plea, requesting a lighter sentence. Following sentencing, the lawyer may also request a stay of execution to delay enforcement of the sentence pending an appeal to the appellate court.
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