If you are being arrested for a drug offence in Malaysia is not a small matter. From my experience as a criminal lawyer practicing only criminal law in Kuala Lumpur, most people do not take an arrest seriously enough — until the day they are charged in court.By then, critical opportunities may already be lost.

This guide explains exactly what you must do the moment you are arrested for a drug case in Malaysia, based on real courtroom experience — not theory, as Drug Trafficking Cases is one of the Specialisation of Lawyer Sivahnanthan Ragava and its one of the area of practice in our firm Chambers of Sivahnanthan Ragava

1. The First Thing You Must Do When Arrested for a Drug Case

The moment you are arrested, the single most important step is this:

You must appoint a criminal lawyer as soon as possible.

Not later. Not after remand. Not after you are charged.

I have written separately on how to verify a lawyer’s credibility and experience in this link I Need A Criminal Lawyer – What You Must Know Before Appointing One

Do not blindly appoint any lawyer who advertises online. Your family must check:

• Whether the lawyer actually practices criminal law

• Whether the lawyer handles drug cases regularly

• Whether the lawyer has reported media cases

• Whether the lawyer has appeared in remand, bail, and trial proceedings

• Whether the lawyer has real courtroom exposure, not just paperwork work

2. Ask to Contact Your Family — Not Just Your Lawyer (Practical Reality)

Legally, you have a constitutional right to contact your lawyer.
But practically, this is what really matters:

Tell the police officer that you want to contact your family members.

Why?

Because in real life, when someone is arrested:

• The police often do not allow immediate calls

• You are inside custody

• Your family is outside, with internet access, documents, and money

• Your family is in a far better position to:

  • Verify a lawyer

  • Check media reports

  • Speak to multiple lawyers

  • Appoint the right criminal defence lawyer

  • Arrange legal fees

  • Prepare documents

From years of experience handling criminal cases, I can say this honestly:

Most of the time, police will not let you contact your family or your lawyer — even though this is wrong.

3. Your Golden Opportunity: The 24-Hour Rule Before a Magistrate

In Malaysia, the law is clear:

If you are arrested, you must be produced before a Magistrate within 24 hours.

This moment is your golden opportunity.

When you are brought before the Magistrate:

You must say clearly:

“Your Honour, the police did not allow me to contact my family or my lawyer despite my repeated requests.”

Once you say this:

• The Magistrate must record it

• The Investigating Officer (IO) cannot ignore it

• The Magistrate will instruct the police to:

  • Allow you to contact your family

  • Allow you to appoint a lawyer of your choice

This is not theory. This happens in real courtrooms.

4. Remand Is Not a Fishing Expedition (Nexus Is Everything)

Many people think remand is automatic.
That is legally wrong.

A remand cannot be used as a fishing expedition.

The police cannot remand you just because they “feel” you might be involved.

There must be a nexus (a real legal connection) between:

• You

• The drugs seized

• The alleged offence

If there is no nexus, the remand can be challenged and even refused entirely.

This is exactly what Criminal Lawyer Sivahnanthan Ragava did in the Brickfields Shooting Case.

Five individuals were arrested and remanded.
Within 24 hours, I appeared in court and argued that:

• There was no nexus between my clients and the offence

• The arrests were improper

• The remand was unjustified

The Magistrate agreed and rejected the remand application entirely.
All five individuals were released.

You can see the verified media coverage here:

• MalaysiaGazette — Kes tembak Brickfields: Majistret tolak permohonan reman lima individu
  https://malaysiagazette.com/2025/06/17/kes-tembak-brickfields-majistret-tolak-permohonan-reman-lima-individu/

• Harian Metro — Mereka bukan penembak, mereka rakan mangsa — Kenapa nak reman?
  https://www.hmetro.com.my/mutakhir/2025/06/1231048/mereka-bukan-penembak-mereka-rakan-mangsa-kenapa-nak-reman

• Kosmo! — Kes tembak Brickfields: 5 individu dibebaskan, reman ditolak
  https://www.kosmo.com.my/2025/06/17/kes-tembak-brickfields-5-individu-dibebaskan-reman-ditolak/

• Berita Harian — Kenapa nak reman? Mereka yang juga cedera, rakan pula maut ditembak
  https://www.bharian.com.my/berita/nasional/2025/06/1409144/kenapa-nak-reman-mereka-yang-juga-cedera-rakan-pula-maut-ditembak

• Luminews — Lawyer questions police bid to remand five friends
  https://luminews.my/news/3282001

• SAYS.com — Lawyer questions police bid to remand 5 friends
  https://says.com/my/crime/lawyer-questions-police-bid-to-remand-5-friends-who-were-with-brickfields-shooting-victim

5. Bail: Which Drug Sections Are Bailable?

Under the Dangerous Drugs Act 1952:

BAILABLE OFFENCES

You may get bail if charged under:

• Section 12(2) – Possession of dangerous drugs

• Section 39A(1) – Trafficking (lower quantity category)

NON-BAILABLE OFFENCES

You will not get bail if charged under:

• Section 39A(2) – Trafficking (higher quantity category)

• Section 39B – Trafficking in dangerous drugs (death penalty / life imprisonment)

In practical reality:

There is no point trying to shorten remand under Section 39A(2) or 39B —
because bail is legally impossible unless:

• There is no nexus at all, or

• There is evidence completely excluding you from the drugs found.

6. When Police Question You: Silence vs Cooperation

When the police start questioning you, you have two legal options:

Option 1: Remain Silent

You have a constitutional right not to answer any question that may incriminate you.

Option 2: Cooperate Fully (Strategically)

You may give full cooperation to prove:

• You have no nexus with the drugs

• You did not commit the offence

• You were wrongly arrested

• You were merely present but not involved

• The drugs do not belong to you

This can later become powerful courtroom evidence.

7. Your Cautioned Statement Can Make or Break Your Case

Your statement to the police is called a cautioned statement.

As your defence lawyer:

• As a criminal defense lawyer, I can choose to use your statement in court if it is:

  • Favourable

  • Consistent

  • Excluding admission

• Also,as a criminal defense lawyer, I can choose not to use your statement if:

  • You admitted the offence

  • It harms your defence

Critical warning:

Never sign your cautioned statement without reading it fully.

From real trial experience:

• A favourable cautioned statement

• That excludes admission

• That matches your defence story

…can completely change the outcome of a case.

8. If Your Statement Is Wrong or Fabricated

If what you signed is not what you told the police, inform your lawyer immediately.

At the earliest opportunity, I will advise my client to lodge a complaint for:

• Improper investigation

• Biased investigation

• Tailoring of evidence

• Fabrication of evidence

• Planting of evidence

• Coercion or intimidation

• Threats to force a confession

• Denial of legal rights

• Denial of family contact

• Failure to follow procedural law

• Abuse of remand powers

• Manipulation of witness statements

These complaints matter in court.

9. Why a Criminal Lawyer at the Early Stage Is Everything

Most people think lawyers only matter at trial.

That is a fatal mistake.

In reality:

A criminal lawyer’s role at the arrest and remand stage
can make or break your entire case.

A good criminal lawyer can:

• Break a remand

• Secure bail

• Challenge nexus

• Control your statement strategy

• Protect your rights

• Stop evidence abuse

• Shape your defence from Day 1

Final Word from Criminal Lawyer Sivahnanthan Ragava (Kuala Lumpur)

If you or your family member has been arrested for a drug case in Malaysia:

• Do not wait

• Do not panic

• Do not rely on advice from friends

• Do not appoint random lawyers

Early legal strategy decides your future.

I have handled serious criminal cases, remand challenges, and high-profile matters in Kuala Lumpur.
Your defence does not start in court.
It starts the moment you are arrested.

Sivahnanthan Ragava
Malaysian Criminal Defence Lawyer
Chambers of Sivahnanthan Ragava
Kuala Lumpur, Malaysia

About the Author
Sivahnanthan Ragava is a Malaysian criminal defence lawyer and the founder of Chambers of Sivahnanthan Ragava. His practice focuses exclusively on criminal litigation, including drug offences, serious criminal cases, bail and remand proceedings, trials, and criminal appeals. He regularly appears in the Magistrates’ Courts, Sessions Courts, High Courts, the Court of Appeal, and the Federal Court. Cases handled by him have been widely reported in mainstream Malaysian media, reflecting the public interest and legal significance of the matters defended.

This page forms part of the wider Criminal Defence Legal Services offered by the firm.

Need Legal Representation for a Drug Case?

If you or your family member has been arrested for a drug offence in Malaysia, it is critical to obtain legal advice immediately.

Sivahnanthan Ragava, a criminal defence lawyer based in Kuala Lumpur and Selangor, regularly represents clients facing serious drug charges including possession, trafficking, and Section 39B offences under the Dangerous Drugs Act 1952.

Early legal intervention can make a significant difference during the remand stage, investigation process, bail applications, and trial preparation.You may learn more about legal representation for drug cases here:
Drug Defence Services 

If urgent legal assistance is required, you may also contact the firm directly:
Contact Chambers of Sivahnanthan Ragava

You may learn more about the firm and its criminal defence work at the Chambers of Sivahnanthan Ragava website.

Some of the criminal cases handled by Sivahnanthan Ragava, including matters involving serious drug offences and drug trafficking charges, have been reported in mainstream media in Malaysia. Readers who wish to understand the firm’s work in criminal defence matters in Kuala Lumpur and Selangor may view selected Media Mentions of the firm reported in mainstream Malaysian media, as well as Drug Related cases (Drug Trafficking,Section 39B) involving the firm that were reported in mainstream media in Malaysia, for further reference.

If you wish to understand whether bail is possible in a drug case in Malaysia, you may read this article [click here] explaining the legal position. If you would like guidance on choosing legal representation, you may also refer to this guide explaining Facing a Drug Trafficking Case (Section 39B) in Malaysia: 5 Critical Steps to Take Before Choosing a Drug Trafficking Lawyer in Kuala Lumpur and Selangor