Know your rights in police investigation
What do you do if you or your loved ones are facing a police investigation or a criminal offence? You do not need to panic or feel lost. Know your rights. Seek legal advice early from an experienced criminal lawyer. A civil case usually involves a claim for money but a criminal case has more serious consequences. It can mean either a jail sentence or a fine, an acquittal or a conviction, a probation or time in prison. Your choice of a good and caring criminal lawyer can make a difference. He should be familiar with the Evidence Act, Penal Code or other laws and Criminal Procedure Code.
In relation to the police and prosecution, we will aggressively but professionally communicate with them and make legal representations to the Attorney-General Chambers. Besides determining whether the elements of the offence are proven beyond reasonable doubt under the Penal Code or any other laws, we would scrutinize whether any of your rights have been violated:-
- the constitutional right to be informed of the basis of your arrest.
- the circumstances of your arrest or detention under the Criminal Procedure Code.
- the grant or refusal of bail by the police or court.
- access to a lawyer of your choice within a reasonable time of your arrest.
- the right to remain silent unless you have a reasonable defence to the criminal charge.
- the right to have the charge or statements read and explained to you in the language you understand or have them interpreted to you before you sign any police statements to answer the charge.
- the right to amend your statement[s] and have them read to you before you sign.
- the right to ensure that the statements given to the police are voluntarily given without any threat or torture, inducement or promise.
- whether any of the police powers was lawfully exercised in arrestable or non-arrestable offences
Seek legal advice from an experienced and compassionate criminal defence lawyer
You are presumed to be innocent until proven guilty. You are entitled to a fair trial and rules of natural justice. You are entitled to an acquittal if the Prosecution cannot proves its case against you beyond reasonable doubt. Once you are acquitted by a court of law, you are innocent of the criminal charges. Period. As an accused, you entitled to a fair trial. Further, the rules of natural justice demand that the Prosecution discloses to you all documents which will assist you to defend the criminal charges, even if they do not use them at the trial. We will ensure that the Prosecution’s role to assist the court to determine guilt is not outweighed by an overzealous attempt to secure a conviction at all costs, regardless of ethics, fairness and justice. We assemble the rules of evidence and criminal procedure to help you develop a good defence and will advise you from the perspective of the Prosecution as well as the Court
Criminal justice has a human face. As your criminal defence lawyer, we will urge the Court to temper justice with mercy and fairness, when it comes to sentencing. There should not be any double punishment for the same offence. Whether you have a criminal history or are a first-time offender, you deserve another chance, with proper guidance or other professional help. You are also entitled to any other mitigating factors which will urge the Court to be lenient in its sentencing options and apply the principles of rehabilitation and renewal rather than punishment. You should not be imprisoned by your past. You deserve a second chance in your present. As your criminal defence lawyer, we believe in you, including your right to life and liberty. Justice should not only be carried out in a right and efficient way but must be seen to be so. The end does not justify the means.
Filing your Magistrate’s Complaint
Sometimes, in social or relational disputes with your family, friends or neighbours, where a crime may not be committed, you may need to file a Magistrate’s Complaint, followed by a mediation at the Community Mediation Centre. If there is a need for you to file a criminal charge as the Complainant, we can advise you on the law, evidence and procedure to ensure that your rights are adequately protected.
If you find yourself on the wrong side of the law, please do not hesitate to contact us on 64352933 or fill in the form below.