It depends on the offence. Bailable offences attract bail as of right. Non-bailable offences are at the court's discretion. Unbailable offences (capital cases) are very rarely granted bail.

Criminal Defence Lawyer in Johor Bahru and Batu Pahat

Mahkamah Sesyen Johor Bahru · Mahkamah Tinggi Johor Bahru · Mahkamah Majistret Batu Pahat
English · Bahasa Malaysia · Mandarin

Chris & Partners Advocates & Solicitors is a Johor-based law firm conducting criminal defence work across the Johor courts — Magistrates’ Court (Batu Pahat, Johor Bahru, Muar, Kluang), Sessions Court (Johor Bahru, Muar), and High Court Johor Bahru. The firm is headquartered in Batu Pahat and led by Dr Chee Hui Bing, advocate & solicitor and former medical doctor. Working languages are English, Bahasa Malaysia and Mandarin Chinese.

The firm regularly acts in:

Drug offences under the Dangerous Drugs Act 1952 — possession (s.6, s.12), trafficking (s.39B), drug-dependent person proceedings.
Offences against the person — assault, voluntarily causing hurt, grievous hurt, culpable homicide.
Property offences — theft, criminal breach of trust, cheating, forgery.
Sexual offences — Penal Code chapters XVI–XVII and the Sexual Offences Against Children Act 2017.
Commercial / white-collar — anti-money-laundering (AMLATFPUAA), MACC charges, immigration offences, corruption.
Traffic offences — Road Transport Act 1987, dangerous driving, drink-driving.

Clients include Malaysian nationals and Singaporeans charged in Johor courts. The firm attends police stations and remand applications on instruction at any time during business hours.

Where we appear

Mahkamah Majistret Batu Pahat — Kompleks Mahkamah, Batu Pahat (daily)
Mahkamah Sesyen Batu Pahat — Kompleks Mahkamah, Batu Pahat (daily)
Mahkamah Sesyen Johor Bahru — Jalan Dato’ Onn, JB (regularly)
Mahkamah Tinggi Johor Bahru — Jalan Dato’ Onn, JB (regularly)
Mahkamah Majistret Muar — Muar (on instruction)
Mahkamah Majistret Kluang — Kluang (on instruction)

Stages of a criminal matter in Johor

1. Arrest & police station

Section 28A of the Criminal Procedure Code gives the right to be informed of grounds of arrest and the right to consult counsel. Lawyer attendance at the police station is on instruction (subject to police discretion under s.28A(8) where it would cause “undue delay”). The 24-hour rule under s.28 CPC applies.

2. Remand under section 117 CPC

Application by the investigating officer to a Magistrate. Maximum 4 days first remand for offences punishable up to 14 years; 7 days for offences carrying death/life imprisonment. Subsequent remand limited to 3 days (lighter offences) or 7 days (heavier). Revision of remand orders under s.323 CPC.

3. Bail

Application before the Magistrate, Sessions Court or High Court depending on offence. Surety, cash bail, conditions (passport surrender, reporting, no contact). Foreign-national bail (Singaporean clients) typically requires a Malaysian-resident surety.

4. Charge & plea

Reading of charge in court (in Bahasa Malaysia or English). Plea: guilty / not guilty / claim trial. Plea-bargaining under s.172A–D CPC.

5. Trial

Prosecution case → submission of no case → defence case → submissions. Standard of proof: beyond reasonable doubt. Trial timetable typically 6–18 months for Magistrates’ Court; 12–24 months Sessions Court; 18–36 months High Court.

6. Sentencing & appeal

Mitigation, plea in mitigation, factors under common-law sentencing principles. Mandatory minima apply (e.g., section 39A(2) Dangerous Drugs Act 1952 — minimum 5 years plus whipping for trafficking quantities). Appeals: 14 days from sentence to file notice; High Court has appellate jurisdiction over Magistrates’/Sessions; Court of Appeal hears appeals from High Court; Federal Court requires leave.

Cross-border (Singaporean clients)

A particular focus of the firm. Singaporean nationals charged in Johor face specific issues: bail typically requires a Malaysian-resident surety and passport / work-pass surrender; failure to attend any mention is treated as absconding and bail may be forfeited; pending criminal proceedings can affect Singapore re-entry; communication with Singapore family or employer is handled with discretion; matters proceed in Bahasa Malaysia / English with Mandarin available where needed.

How to instruct the firm

Telephone: +60 17-702 2800 (Dr Chee Hui Bing) — available during business hours; emergency arrest matters can be advised on by phone at any time.
电子邮件 [email protected] — describe the matter briefly. Do not transmit confidential admissions by unencrypted email.
Office consultation: by appointment at No 1-10 (1st Floor), Jalan Maju 1, Taman Maju, 83000 Batu Pahat, Johor.

Initial consultation fees and likely matter costs are explained in writing before instruction.

常见问题解答

I have just been arrested at a police station in Johor Bahru. What should I do?

Exercise your right under section 28A CPC: ask to remain silent, ask to consult a lawyer. Call the firm on +60 17-702 2800 if you can. Do not sign any statement (cautioned or otherwise) without legal advice.

I am Singaporean. Can a Malaysian lawyer represent me at JB Court?

Yes — and they must. Only Malaysian-qualified advocates and solicitors may appear before Malaysian courts. Your Singapore counsel can liaise with us, but the conduct of your defence in Malaysian court must be done by Malaysian counsel.

Will I get bail?

It depends on the offence. Bailable offences attract bail as of right. Non-bailable offences (most serious offences) are at the court’s discretion — factors include severity, antecedents, flight risk, and witness interference. Unbailable offences (e.g., capital cases pending trial) are very rarely granted bail.

How much does criminal defence cost?

Fees depend on the offence, court level, and complexity. The firm offers transparent fee letters before instruction, with options for fixed-fee, milestone-based or trial-day rates. Fees are within Bar Council guidelines.

What happens at the first court mention?

The charge is read; you indicate plea (guilty / not guilty / claim trial); the court fixes the next case-management date. If you have not yet engaged counsel, you can request a short adjournment for that purpose.