Your Family Member Was Arrested: What to Do

What happens after a family member is arrested?

When police arrest someone over a mule account, they take the person to the police station to be processed and give a first statement. The Criminal Procedure Code sets how long police can hold someone and what rights the person has.

You can act for them. You have the right to engage a lawyer on behalf of the arrested person, and that lawyer can see your family member in custody. ^[f4] What you do in the first few hours matters most.

What should I do first?

As soon as you hear about the arrest, write down what you know: the police station, the investigating officer’s name if you have it, the time of arrest, and any reason given. A lawyer can act faster with these details.

Next, contact a criminal defence lawyer. You do not need to wait for your family member to ask. ^[f4] A lawyer engaged by a family member has the same standing as one engaged by the accused person.

Do not discuss the case on the phone with the arrested person. Anything said can be used in the investigation. Leave talk about the case to the lawyer.

How long can police hold them (remand)?

Remand means the police keep the person in custody while they investigate. After the arrest, police may ask a magistrate for a remand order under CPC Section 117. ^[f3] For an offence carrying under 14 years in jail, which includes s424A, s424B and s424C, the magistrate can first grant up to 4 days, and the police can ask for up to 3 more.

For s424A, s424B and s424C the total remand period cannot exceed 7 days; only offences carrying 14 years or more allow up to 14 days. ^[f3] During remand, police investigate, collect evidence and record statements. Your family member stays in police custody at the station or a remand facility.

A lawyer can attend the remand hearing and argue against remand or for a shorter period. That is one reason to engage a lawyer within hours of the arrest. A lawyer who is there can challenge whether the full period is needed.

The right to a lawyer

Every person arrested in Malaysia has the right under the Constitution to consult a lawyer. ^[f2] Article 5(3) of the Federal Constitution guarantees this. Police must allow reasonable time to consult a lawyer, except in limited cases the law sets out.

Your family member should tell the police straight away that they want to speak to a lawyer before giving any statement. The police should allow this. If they were already questioned without a lawyer, a lawyer can still act for them from then on.

If cost is a worry, the Legal Aid Centre run by the Malaysian Bar gives legal representation at no or low cost to those who qualify. Your lawyer can also tell you whether legal aid suits your family member’s case.

How bail works in mule account cases

Mule account offences under Sections 424A, 424B and 424C of the Penal Code are bailable. ^[f1] So bail is a right for your family member. The police or the court set the amount and conditions, and the court does so at the first court mention if the person is formally charged.

The amount depends on how serious the charges are, your family member’s circumstances and community ties, and whether the magistrate sees a risk they will flee. ^[f5] A lawyer can argue for a lower amount.

Your lawyer can prepare the bail application early, with proof of work, family responsibilities and community ties. A well-prepared application helps the court see your family member’s circumstances.

What to bring to the lawyer

Bring any documents that help explain what happened:

• your family member’s IC copy
• details of the bank account involved
• any police documents or receipts given at the arrest
• your own IC

If you can get your family member’s bank statements or transaction records, bring those too. The lawyer needs the money trail to judge the case and plan a defence strategy.

Also bring details of their job, who depends on them financially, and any medical conditions. These support the bail application and help the lawyer explain their situation to the court.

Common mistakes families make

Waiting is a costly mistake. Every hour without a lawyer is an hour in which your family member may give a statement without advice, or a remand hearing goes ahead with no one speaking for them.

Another mistake is trying to sort it out informally. Some families go to the police station hoping to explain and get the person released. This does not work in criminal cases. The investigation process follows legal steps, and informal talks with officers carry no legal weight.

A third mistake is hiring the first lawyer who answers the phone without asking about their experience. Mule account cases turn on specific parts of the Penal Code and the Criminal Procedure Code. A lawyer who handles them knows the bail practice and the defence approaches.

What happens after bail?

Once your family member is out on bail, the investigation goes on. The investigating officer finishes the investigation papers and sends them to the Deputy Public Prosecutor (DPP). The DPP then decides whether to charge, ask for more investigation, or close the case.

Your family member must follow every bail condition. These can include reporting to the police station at set times, not leaving the country, and handing over their passport. Breaking a condition can lead to bail being cancelled.

Use this waiting time to prepare. Work with your lawyer to gather evidence and documents for your family member’s case. Bank statements, transaction records, messages and character references can all help the defence.

How long does the whole process take?

It depends on how the case moves. For s424A, s424B and s424C, remand lasts at most 7 days. ^[f3] After that, the person is either charged or released. If charged, bail is dealt with at the first court appearance.

There is no fixed time for the investigation before a charge. If the DPP decides on no further action (NFA), the case closes. If it goes to trial, the length depends on the court and the case.

Your lawyer will update you at each stage. Knowing the full court process helps you support your family member through what can be a long and stressful time.

Sources

1. Criminal Procedure Code, Section 28 (Bail for bailable offences)
2. Criminal Procedure Code, Section 117 (Remand periods)
3. Federal Constitution of Malaysia, Article 5(3) (Right to counsel)
4. Penal Code (Amendment) Act 2024, Sections 424A, 424B
5. Malaysian Bar Legal Aid Centre, “Know Your Rights When Arrested”
6. Low & Partners, “Keldai Accounts: When Helping a Friend Becomes a Criminal Offence” (2024)