fbpx

What Should You Do If You Have Been Charged With A Crime In Singapore

What is a charge?

The charge sets out the specific offence that you are being accused of. The charge/s states the offence/s that you are being accused of. It will give the essential ingredients of the offence that you are accused of.

The point of the charge/s is to give you notice of the offence/s that you are alleged of and a chance to defend yourself.

What happens when you are served with the charge/s?

When you are being served with the charge, the investigating officer will give notice to you that you are now being served charge/s of the offences that you are accused of. The charge/s will be read to you, and for every charge, a cautioned statement will be recorded from you. It is also important to note that a refusal to acknowledge the charge/s is a crime and may result in additional charge/s being tendered against you.

One of the most import aspects of the charge is the cautioned statement that the investigating officer will record from you. This statement which is attached to the charge/s that has been served on you is your opportunity to state any defence that you may have. It is of utmost importance that you do not use this statement as an opportunity for you to mitigate your case. What you choose to say in this cautioned statement will have a direct impact on your case.

You will be given a copy of the charge along with the cautioned statement that you have made. Along with this, you will also be told by the IO to appear in court on a specific date. It is of utmost importance that you appear in court on the date and time that the IO has instructed. A failure to do so may result in a warrant to arrest being issued against you.

Bail, what is it?

Bail is the temporary release of a person from remand while awaiting trial. When you are released on bail, one or more persons must execute a bond for a sum of money to ensure your attendance in court. In normal circumstances, you would already have been issued a bond at the police station after you have been released from investigations. This is called an agency bail. The bail amount is fixed at the discretion of the police or court. The main objective of bail is to secure the accused’s attendance in court, and as such, the amount must be one that reflects the severity of the charge/s that you are facing.

Several factors are used to determine the amount for bail to be fixed at; the likelihood of the accused absconding, whether the accused presented himself at the police station and cooperated with police during investigations, whether the accused is a flight risk and if his/her passport has been surrendered and most importantly the nature and gravity of the offence/s that he/she is facing.

It is important to note that you should bring your bailor/s with you when you are attending your mention.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

What happens on your first day in court?

A prosecutor will mention your case in court. The charge/s will be read to you in a language of your choice. If you are more comfortable speaking in your mother tongue, it is crucial to inform the court officer who is reading the charge/s to you. Depending on the status of the investigations, the prosecution may or may not be ready to proceed with your case. If the prosecution is not ready, they will ask the court for more time. This is called an adjournment, and your case will be fixed for further mention.

If however, the prosecution is ready, you will be asked whether you wish to plead guilty or not guilty.

Should you plead guilty?

What should you do when the Judge asks you if you admit to the charge/s? While you must speak to a lawyer as soon as you have been served with the charge/s by the IO. It is not too late to talk to us. At the mention, you can inform the Judge and the court that you wish to have some time to engage a lawyer.

What are the advantages of engaging a lawyer?

Engaging a lawyer who is well-versed in criminal law is vital to your case, whether you elect to plead guilty or choose to go trial. Having a lawyer will give you an insight into the evidence that the prosecution will rely on and argue in court. Should you elect to plead guilty, we will be able to draft a mitigation plea that sets out any/all of the personal mitigating factors to show that a lesser sentence is warranted against you. More importantly, a lawyer will be able to rely on similar past cases to argue why a lower punishment should be meted out against you.

In the event that you choose not to plead guilty, a lawyer will be able to help you make letters of representations, setting out the circumstances of your case your side of the story to the prosecution. We will also be able to set out personal circumstances that can help to mitigate the case for you. Most importantly, we will be there at every one of your mentions in court, so there is no need for you to be caught off-guard by court procedures.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

Like this article?

Share on facebook
Share on twitter
Share on linkedin
Share on pinterest

Leave a comment

Start a Conversation

Hi! Click one of our member below to chat on Whatsapp

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Scroll to Top

Speak to a Lawyer Now

Did you forget to claim your free consultation?

Click now to claim your free consultation.