Cooperate With Police or Get a Lawyer?

Do I have to choose between cooperating and getting a lawyer?

No. Some people with a frozen account think they must pick one: cooperate with police, or hire a lawyer. You can and should do both at once.

Cooperating means turning up when called, answering truthfully and handing over relevant documents. Having a lawyer means someone qualified protects your rights while you do that. ^[f1] Bringing a lawyer is not a sign of guilt.

A lawyer helps you give the right information clearly the first time.

Do I have a right to a lawyer?

If you are arrested, yes. Article 5(3) of the Federal Constitution gives an arrested person the right to consult and be defended by a lawyer of their choice. ^[f1] If you are only called in for questioning or a voluntary statement, you can still ask to speak to a lawyer first.

The Malaysian Bar Council encourages everyone to use this right. ^[f5] Asking for a lawyer is not admitting guilt. It is a basic protection the law gives, including to people who have done nothing wrong.

If police contact you, you can ask for time to engage a lawyer before you go in for a statement. You can ask for a short delay.

What happens when police call me in?

Under Section 112 of the Criminal Procedure Code, police can question anyone who seems to know the facts of a case. ^[f2] If your account was frozen, it is probably linked to a police report made by a scam victim.

The investigating officer will ask you to come to the station to give a statement, which goes into the investigation file. What you say matters. A badly worded answer can cause problems even if you are completely innocent.

A lawyer prepares you before the interview. They explain the kinds of questions to expect and how to answer truthfully without saying something that could be misread.

How do I cooperate with a lawyer’s help?

Before the statement. Meet your lawyer and tell them everything that happened with your account. Bring bank statements, transaction records and messages from anyone who may be involved. The lawyer prepares you for the questions the officer is likely to ask.

At the police station. Your lawyer can go with you and advise you before and after the interview. Whether the lawyer can sit in the room is up to the officer.

If a question is unclear or could mislead, you can ask for it to be clarified. Before you sign, check that the written statement matches what you actually said, with your lawyer’s advice.

After the statement. Your lawyer follows up with the investigating officer, sends any extra documents requested and keeps track of the investigation. ^[f4] If your account is frozen, the lawyer can also start the application to have it unfrozen.

What should I not do?

Do not ignore police calls. Avoiding the police does not make the case go away. It makes you look uncooperative and can lead to a warrant.

Do not give a statement under pressure without legal advice. If you feel pressed, say calmly that you want to speak to a lawyer. ^[f1] You are not refusing to cooperate; you are asking for your lawyer to be there.

Do not offer more than you are asked. Answer truthfully, but do not add extra details or guess about other people. Your lawyer will tell you what helps and what could complicate your case.

Do not discuss the case on social media or with others. Anything you say in public can become evidence. Let your lawyer handle all communication about the investigation.

How serious can a mule account charge be?

Very. Section 424A of the Penal Code carries a fine of RM5,000 to RM50,000, or 6 months to 5 years in prison, or both. ^[f3] Even if you are innocent, the investigation is serious and needs a serious response.

Without a lawyer, you face a complicated legal process alone. With one, you have someone who knows the process and can help you put your case clearly.

What if I already gave a statement?

It is not too late. Engage a lawyer now and tell them what you said. They will review it and advise whether a further statement would help clear up or correct anything.

Some people first give a statement alone and only then bring in a lawyer for the rest of the process. What matters is getting legal help now, whatever has happened so far.

What is the next step?

You can start with a short WhatsApp message to a lawyer. You describe your situation, the lawyer assesses your position, and together you plan how to cooperate with police. ^[f5]

If you have been called in for a statement, try to engage a lawyer before you go. If you have already given one, contact a lawyer as soon as you can to review your position.

Sources

1. Federal Constitution of Malaysia, Article 5(3)
2. Criminal Procedure Code, Section 112
3. Penal Code (Amendment) Act 2024, Section 424A
4. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA)
5. Malaysian Bar Council, “Know Your Rights”