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inquiries@mstt.com.sg
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Criminal

Facing allegations of a crime can be an unsettling and distressing ordeal for anyone. In both white-collar and blue-collar crimes, we are dedicated to protecting your rights, freedom and reputation.

There are matters of a quasi-criminal nature such as harassment or magistrates’ complaints. We render impartial advice, and if instructed, prosecute or defend a claim vigorously.

Our services include:

  • Representation in court proceedings
  • Advice on plea bargaining
  • Advising on mitigation/sentence negotiations
  • Assistance with appeals

We are committed to transparent pricing and cost-effective solutions. Please reach out for a quote.

FAQ

1. What should I do when I am called up for investigation by the police or charged with a crime?

  • Consult a lawyer as soon as possible who will advise you on the matter, including
    whether you should claim trial, plead guilty to the charge or accept the prosecution’s plea bargain offer.
  • You should cooperate fully with the police and answer all questions posed truthfully.A lawyer will usually send a Letter of Representation to the Attorney General’s Chambers to have the charge dropped or reduced.
  • If you plead guilty to the charge, a lawyer can assist in preparing your mitigation with a view to getting a lighter sentence.
  • In the event of a conviction, a lawyer will also advise you on whether you should appeal against the conviction or sentence.

2. Can I be charged for an offence committed overseas?

Yes. If the offence falls within the schedule of the Penal Code such as theft, extortion and robbery and under the Prevention of Corruption Act such as corruption, extortion and robbery, Acts falling within the Terrorism (Suppression of Financing) Act, drug offences under the Misuse of Drugs Act, Misuse of Personal Data under the Personal Data Protection Act and acts within the Computer Misuse and Cybersecurity Act.

3. Do I have a right to a lawyer after being arrested?

You can only speak to a lawyer after you are charged or released after 48 hours pending further investigation.

4. How can a lawyer help me if I am charged with a criminal offence?

The lawyer can study your case and advise you on the possible sentence you can receive.

The lawyer can make representation to the Attorney General’s Chamber with the aim of getting the prosecution to withdraw the charge or charges against you possibly after giving you a stern warning, reduce the number of charges for which you are willing to plead guilty to or seek an amendment of the charge to a lesser charge.

If you agree to plead guilty to the charge, the lawyer can make a mitigation plea to the court before you are sentenced with the aim of convincing the court not to impose a heavy sentence on you.

If you decide to contest the charge/s, the lawyer can prepare you for a trial . This will entail taking detailed instructions from you and your witnesses, visiting the location where the offence was committed, and preparing you and your witnesses for trial.

5. Is entrapment a defence in Singapore?

No but you can cite it as a mitigating factor.

6. What is the minimum age of criminal responsibility in Singapore?

A child below 10 years old cannot be charged for committing a crime. If the child is 12 years old but lacks sufficient maturity it cannot be charged with committing an offence.

7. If the child is above 10years old but below the age of 16 can the child be charged?

Yes, but the child must be produced to the Juvenile court within 48 hours and the parents will be required to execute a bond for the release of the child.

If the matter proceeds to trial, the lawyer will usually ask for a probation report so that if probation is recommended, the child can be put on probation instead of being imprisoned or fined.

If the charge is serious e.g. murder, the child will be charged in the High Court.

If the child is charged with an adult, the child will be charged in the appropriate court and not the Juvenile court.

8. If the child is sentenced and charged in the Juvenile Court will the conviction and sentence remain on the child’s record.

No.

9. Will my child go to jail?

Not if he or she is under the age of 14. If above 14 but below 16 years of age, the child may be placed on probation, be required to perform up to 240 hours of community service, sent to a juvenile rehabilitation centre for up to 3 years, and to a reformative training centre if the child had previously been sent to the juvenile rehabilitation centre.

However, if the court deems the child unsuitable for the above forms of punishment, it could sentence the child to a period of imprisonment.

If the offence is serious, the child could be detained at a place and under such conditions as the Minister for Social and Family Development may decide.

A child under 18 cannot be sentenced to death but a life imprisonment may be imposed.

10. When might a Warrant of Arrest be issued against me?

If you commit a non-arrestable offence such as voluntarily causing hurt, criminal defamation, fail to attend court or pay a fine when ordered to do so.

11. Should I be required to take a polygraph test must I comply?

No. However, the police might conclude that you are guilty and recommend prosecution. The test is usually required if the police do not have sufficient evidence that they require. You should seek legal advice and inform the police that you are not taking the test after obtaining legal advice.

12. When will bail be refused?

When you commit an offence which is not punishable by a fine only and if the court believes that you will not comply with the bail conditions.

Further, if the offence is punishable by death or life imprisonment you will not be granted bail.

13. How is the bail amount decided?

The amount will depend on the nature and gravity of the offence, the prospects of the accused absconding, whether the accused co-operated with the police and whether the passport was surrendered.

14. How is the bail paid?

If below $15,000 the surety need not pay the money but must show that he or she owns personal property worth $15,000. If the amount is greater than $15,000 the surety must put up bail in cash or cash equivalent such as fixed deposit certificates or banker’s guarantee.

15. Who can be a surety?

A Singaporean or PR above 21, who is not a bankrupt and who does not have pending court cases.

16. My neighbour punched me. The police advised me to file a magistrate’s complaint - what should I do?

As it is a minor offence and if there are no serious injuries, you should file a magistrate’s complaint in the State Courts.

17. What happens if I am charged with drink driving?

The prescribed limit is:

35 micrograms of alcohol in 100 millilitres of breath and

80 milligrams of alcohol in 100 millilitres of blood.

There are fixed penalties in terms of fine, jail term and duration of suspension or revoking of driving license depending on the extent of alcohol found in the breath or blood and other aggravating or extenuating factors.

18. What are the various sentencing options for theft?

First time offenders of a low value item theft can seek community-based sentencing such as mandatory treatment order, day reporting order, community work order or community service order or short sentencing order.

Youth offenders may be given probation or reformative training. Repeat offenders can be sent to prison.

19. What are the factors that will help to reduce my sentence?

Cooperation with the police into their investigation, pleading guilty at the earliest opportunity and making restitution.

20. If I am convicted of speeding, must I declare that in my job application?

No. The offence is not registrable.

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