Talk to a Lawyer Before Your Statement

Why talk to a lawyer before you give a statement?

You may have been asked to give a statement about a bank account by police, CCID or another investigating body. Before you speak is one of the best times to get legal advice. What you say goes on the record, and being careful from the start is easier than changing your account later.

This page is for anyone in that position. You may be an account holder who does not know why you are involved, a student unsure how serious this is, or someone told they may be arrested. The advice is the same for all three: get advice before you speak.

Do you have to answer every question?

You are expected to answer police questions truthfully, though you may refuse a question whose honest answer could expose you to a criminal charge. If you are arrested, Article 5(3) of the Federal Constitution gives you the right to consult and be defended by a lawyer of your choice. ^[f1]

A lawyer can explain what you are being asked and why. They help you answer accurately, without guessing or filling a silence with speculation. Our account holder rights guide covers what else you can expect during the process.

What should you say in your statement?

Stick to what you actually know and remember, in your own words. If you are not sure of a date, an amount or a detail, say so plainly. A guess can end up recorded as fact.

A lawyer who has looked at your situation first can help you put what you know in clear order. Then you are not working it out for the first time in the interview room.

What should you not say or sign?

Do not guess at other people’s intentions, admit things you are unsure of, or agree to a written summary you have not read carefully. If you are asked to sign your statement, you can read it first and ask for corrections before you sign.

This is not about hiding anything. It is about making sure the record shows what really happened, not a rushed or misunderstood version.

How does your right to a lawyer work in practice?

For an arrested person, Article 5(3) applies at a police station, at a CCID or JSJK office, or anywhere else in Malaysia. ^[f1] If your call-in names JSJK or CCID, our lawyer before JSJK statement guide covers that process in more detail.

What you tell a lawyer while preparing is also protected. Under Evidence Act Section 126, a lawyer generally cannot disclose it without your express consent. ^[f2] There are exceptions, for example communications made to further a crime or fraud.

What else can happen around a statement?

A statement about a bank account can come with, or just before, action on the account. Under the 2024 amendments, a police officer of Sergeant rank or above can freeze an account and block transactions at once under CPC Section 116D, without a court order. ^[f4]

If your case involves Section 424A, 424B or 424C of the Penal Code, all three are bailable. Each carries a fine or jail, or both, not a mandatory jail term. ^[f3]

A connected AMLA Section 44 freeze lapses after 90 days unless you are charged, and a Section 50 order lapses after 18 months without a charge. ^[f5] If you have been told you may be arrested, also read our what happens after arrest guide.

What if you cannot afford a private lawyer?

Cost should not make you walk in unprepared. The Legal Aid Department (Jabatan Bantuan Guaman) may give legal help at low or no cost to Malaysians who meet its income rules, including advice before a statement. ^[f6] Ask them whether they can help with your situation.

A private lawyer can also tell you the likely cost before you commit, so you can ask about fees first. Our guide to what a lawyer can actually do explains more.

How does the WhatsApp message work?

Send a short message saying what you have been asked to attend for, and roughly when. It does not need to be polished; what you know now is enough.

Where appropriate, we can help connect you with an independent lawyer, who can explain your rights, what to expect and how to prepare before you give your statement.

Sources

1. Federal Constitution of Malaysia, Article 5(3)
2. Attorney General’s Chambers of Malaysia, Laws of Malaysia (lom.agc.gov.my), Evidence Act 1950
3. Low & Partners, “Keldai Accounts: When Helping a Friend Becomes a Criminal Offence” (2024)
4. Raj, Ong & Yudistra, “Unveiling the Mystery: When Your Bank Account Gets Frozen by the Law” (2024)
5. Jabatan Bantuan Guaman (Legal Aid Department), jbg.gov.my