Family Guide: The First Hours After an Arrest

Stay calm, then act in order

An arrest in the family is frightening. Fear can make people act too fast or say too much, so the most useful thing you can do in the first hour is stay calm and work in order.

Your relative keeps their rights after arrest. Article 5(3) of the Federal Constitution gives them the right to consult and be defended by a lawyer of their choice ^[f1].

The family’s job is not to argue the case at the counter. It is to stay steady, collect the basic facts and get advice quickly.

Find out the basic facts

Write down where your relative is being held. Ask which police station, which district, and the name of the investigating officer.

Note the time of the arrest and anything you are told about the reason. Do not argue about whether it is fair. These details help a lawyer act fast.

If you were not there, do not fill the gaps with guesses. Write down only what you know or are clearly told.

What not to do at the station

Do not try to explain the account or the transfers for your relative. You may not know the whole story, and a well-meant guess can be recorded and used later.

Never hand cash to anyone to speed things up or get your relative out. For the mule offences under s424A, s424B and s424C, bail is a right, but the court or police set the amount and conditions. It is paid through a formal process with receipts. Treat any request for unofficial money as a serious warning sign.

Stay polite. Arguing, shouting or pushing past officers makes things worse.

The offences that may be involved

Mule-account cases can be charged under the Penal Code. For example, s424A covers possessing or controlling someone else’s account, with a fine of RM5,000 to RM50,000, or 6 months to 5 years in jail, or both ^[f2].

You do not need to learn the law tonight. These are serious offences, which is why a lawyer should be involved from the start.

The account may already be frozen. Under CPC s116D, a police officer of Sergeant rank or above can freeze an account straight away, without a court order, if they suspect a link to unlawful activity ^[f3].

Gather documents at home

While one person goes to the station, another can prepare papers at home:

• your relative’s IC details and proof of address;
• any letter from their employer or school;
• bank messages, account-opening papers or screenshots, if easy to find.

Keep them safe and do not change or delete anything. Having them ready lets a lawyer move quickly, including on a bail application if one is made.

Get advice early, even without every answer

You do not need all the facts before you ask for help. The right to a lawyer applies in these first hours, and early advice shapes questioning and any bail steps ^[f1].

Police detected 46,048 mule accounts in 2023 and 50,295 in 2024 ^[f4], so your family is not the only one facing this.

A short first conversation is enough. A lawyer can tell you what to do next, what to stop doing, and how to protect your relative.

Share the load

Split the tasks. One person handles the station, one prepares papers, one keeps the wider family updated.

Keep updates short and factual, and avoid spreading rumours or blame. Take turns to rest, and do not make big decisions when you are exhausted.

This is a process with steps, not one moment that decides everything. If your relative has been arrested, send us the details by WhatsApp and we can refer you to a lawyer.

Sources

1. https://www.lawnet.com.my/federal-constitution
2. https://www.lawnet.com.my/penal-code
3. https://www.parlimen.gov.my/
4. https://www.rmp.gov.my/