First Appointment with a Criminal Lawyer: What to Expect

Last updated on October 18, 2024

Scheduling a meeting with an experienced criminal lawyer is a wise choice when facing a criminal charge. It helps protect your rights and interests as your case moves through the legal system and ensures you get a fair trial. Should you or your loved one be charged with a criminal offence in Singapore, it is good for you to be aware of what you can expect at your first appointment with a criminal lawyer to help you be better prepared.

This article will provide you with information on the types of documents that you will be required to bring, matters that are likely to be discussed, and questions you may wish to ask your lawyer. It will cover:

Purpose of the First Meeting With Your Criminal Lawyer

A meeting with a criminal lawyer could arise in two circumstances. First, before you have been formally charged for a criminal offence and while police investigations are still ongoing. Second, after you have been charged (and thereafter known as the accused).

In both cases, the purpose of the first meeting is for the lawyer to get a better understanding of your legal situation and offer their initial legal opinion about your case, as well as the possible next steps and options available to you.

The extent of the details to be shared will vary for each case. Not everything can be ironed out in detail, typically due to time and evidential constraints. The first meeting is also an opportunity for you to assess whether you would like this lawyer to represent you.

If you have yet to be formally charged with an offence (i.e. investigations are ongoing)

The first meeting will likely be brief, and the lawyer will focus on understanding the situation that led you to police investigations. This includes a discussion on what happened before and during the arrest. During this time, you can also ask questions to better understand your legal situation, including possible outcomes from the investigations and what you need to look out for. The aim is to assess potential risks and offer advice on how to protect your rights.

If you have been formally charged with an offence

The first meeting will be for the lawyer to get an overview of your legal situation, and to offer you their legal opinion on the possible outcomes of the case, whether to plead guilty and possible defences available to you. As such, you should be prepared to explain the circumstances that led to your legal situation, including any current charges, allegations, or complaints against you, and the status of your case. You should also share your acceptance and denial of the former.

Additionally, you should share key details, such as dates, locations, any communication between you and the parties involved as well as any connections you may have had with the complainant, potential witnesses, and any co-accused persons. This will enable the lawyer to look into any potential defences that you can avail yourself of. For example, mentioning that you were at a different location when the crime occurred will allow your lawyer to suggest that you can avail yourself of the defence of alibi (more below).

Documents to Bring to the First Meeting With Your Criminal Lawyer

You are required to bring the following documents to your first meeting with your criminal lawyer:

Identification documents (e.g. NRIC, passport)
Copy of First Information Report (FIR)
- An FIR is the first report received by the police about the alleged offence in question. Examples include a 999 call or a police report made by the complainant.
- You can retrieve your FIR from the Singapore Police Force website. Note that you will need to pay a small fee for the retrieval.
Charge sheets
- A charge sheet is an official document produced by the prosecution, outlining the charge(s) against you. If you have been charged with committing more than one offence, then the commission of an offence carries with it a charge. Each offence will have a separate charge.
- The charge sheet will include:
  - Information on the date, time, place, and nature of the alleged offence(s)
  - The maximum sentence for each offence with which you are charged.
Copy of your cautioned statement
- A cautioned statement is taken during police investigations when you are formally charged with an offence or informed by a police officer, or any other person delegated with such duty that you may be prosecuted for an offence.
- This is different from a long statement where the police officer or law enforcement officer orally examines any person who appears to be acquainted with any of the facts and circumstances of the case. This can take place before or after a charge is made out, and whether or not that person is to be called as a witness.
- You are required to be provided with a copy of your cautioned statement by law. If you have not been given one by the police, you can request for it.
Any other documents, evidence, or correspondence related to your case (not required but good to have it with you, if available)

What happens if you do not have these documents?

It is important that you retrieve the documents and bring them along with you at your first meeting.

Taking a look at the documents will enable the lawyer to provide a more accurate legal opinion on the direction of your case. For example, the cautioned statement might contain facts you can rely on for your defence, should the case go to trial.

Let’s say you denied the charge in the cautioned statement as you were present at location A when the crime occurred at location B. Your lawyer may advise you to produce evidence of the former to be used for the defence of alibi. As such, a copy of the cautioned statement will ensure that no facts are missed out.

In another instance, if you had left out any defences in your cautioned statement, the lawyer will assist your defence strategy considering that the court might be less likely to believe any defences not already mentioned in your cautioned statement. Any inconsistencies with your statement at trial may also reduce the reliability of your defence. Should your lawyer spot any issues with your version of events in the cautioned statement, they can address those with you and inform you of how the prosecution might use them.

Having all documents ready will also make the meeting more efficient, and reduce the need for additional meetings, where you may incur additional costs. This is especially so if you intend to hire a lawyer who charges an hourly rate.

Matters Discussed With Your Criminal Lawyer Before You are Charged

When you meet a lawyer before being formally charged (i.e., while police investigations are still ongoing) the lawyer will likely discuss the importance of your cautioned statement, defence of alibi, and bail arrangements, where applicable.

Cautioned statements

When you are formally charged, the police will take a cautioned statement from you. Prior to recording this statement (for which you have a right to remain silent), you would have been read the following:

You have been charged with [or informed that you may be prosecuted for] —

(set out the charge).

Do you want to say anything about the charge that was just read to you? If you keep quiet now about any fact or matter in your defence and you reveal this fact or matter in your defence only at your trial, the judge may be less likely to believe you. This may have a bad effect on your case in court. Therefore it may be better for you to mention such fact or matter now. If you wish to do so, what you say will be written down, read back to you for any mistakes to be corrected and then signed by you.

Your lawyer will be able to advise you on what you can say in your cautioned statement. For example, your lawyer may advise you on stating facts that you can invoke for defence later. Further, they will also advise you on your rights which include being read the cautioned statement in a language you understand, the right to remain silent, and the privilege against self-incrimination.

Additionally, they will also inform you of the consequences of exercising some of these rights. For instance, it is not advisable to remain silent as an adverse inference can be drawn later. Exercising your privilege against self-incrimination protects you from divulging information that could be used against you. In essence, the lawyer ensures that you are aware of your rights and are treated fairly even in the initial stages of the criminal process.

For more information, you may read our other article on the right to remain silent.

Bail arrangements

A bail is a sum of money (or other forms of property) that is given by the bailor as a guarantee that the accused released from custody will return to the police or court when required. There are two types of bail, namely agency bail and court bail.

You may be granted an agency bail by a law enforcement agency, after being arrested and before being formally charged in court. This agency bail might be extended by the court or revoked and be replaced with the court bail, upon being formally charged in court. Your lawyer will discuss the bail arrangements in detail and the requirements to be a bailor.

For more information, you may read our guide to bail.

Matters Discussed With Your Criminal Lawyer After You are Charged

The lawyer will assess the facts of your case and provide an initial legal opinion. This could include discussing the charges, potential defences, and possible outcomes such as the likelihood of whether you might be acquitted or convicted depending on their analysis of the facts, the likely sentence that would follow if any, and the best approach to take.

Do note that the discussion will depend on the facts of your situation and not all of the following points might be discussed.

Do the facts constitute the charged offence?

The lawyer will typically advise you about whether the alleged facts on the charge sheet constitute the offence with which you have been charged. You will also be advised on the meaning and content of the elements that make up the offence in question.

Making representations

More specifically, the lawyer might also discuss making any representations to the Attorney General Chambers (AGC). Written representations to the AGC are done to seek a review of the charges. This includes writing to reduce charges, proceed with a reduced number of charges, and/or withdraw the charges.

To plead guilty or to claim trial

The lawyer may also discuss possible outcomes, including best and worst scenarios. Crucially, you may discuss whether to plead guilty or claim trial to the charges. To claim trial means you do not admit that you are guilty and would like to defend yourself at trial. To plead guilty means you admit to committing the offence as stated in the charge.

Defence strategy

The lawyer might outline possible defence strategies for your case, and discuss the next steps. Legal strategies include challenging evidence, establishing defence on a balance of probabilities, submitting defences (such as self-defence, defence of alibi, and unsound mind), and plea bargaining.

For instance, a defence of alibi is evidence showing that the accused was not present at the location of the offence. This is a crucial defence which can prove the prosecution’s case as baseless. It can only be pursued with the permission of the court and sufficient notice must be given to the prosecution.

Court process

The lawyer may share with you about the court process which begins at the Criminal Mentions Court. If you decide to plead guilty, the case will be transferred to the Plead Guilty (PG) mentions court where your mitigation plea will first be heard by the sentencing judge who will then convict and sentence you.

A mitigation plea is a spoken or written statement that provides details about yourself or the mitigating circumstances surrounding the offence, to seek a reduced sentence.

Following the court’s decision, you can consider an appeal if you are dissatisfied. If you do not plead guilty and claim trial instead, the next step will be for your lawyers to attend a Pre-Trial Conference (PTC) or a Criminal Case Disclosure Conference (CCDC). Following which, a trial will be held, and the judge will either convict or acquit you on the charges. A conviction is followed by a sentence.

Discussion of Fees at Your First Appointment With a Criminal Lawyer

During the first appointment, the lawyer will also explain their fee structure such as retainers, hourly rates, fixed costs, specific costs such as preparation of any documents (such as representations and mitigation plea), transport costs, administrative costs (such as postage), hearing fees, and court attendance fees. The fee structure will vary from law firm to law firm.

Some law firms charge a fixed package which includes a specified number of attendances in court, representations, criminal case management system, and mitigation plea. Some might charge an hourly rate, and some may offer both. There are also firms which offer a free initial consultation, typically ranging from 15 to 30 minutes. Hourly rates range from approximately S$500 to S$1,000.

For more information, you may read our other article on the fees for hiring a criminal lawyer in Singapore.

Questions You May Ask at Your First Appointment With a Criminal Lawyer

Feel free to ask any questions you have about your case, legal procedures and system, costs, as well as the lawyer’s experience and qualifications.

Here are some questions you can ask to know more about the strength of your case in court and to help you evaluate the next steps to take:

How do you plan to approach the case?
What are the potential outcomes of my case?
What are the strengths and weaknesses of my case?
How likely is it that the charges could be reduced or dismissed?
What are the next steps in the legal process?

Here are some questions you can ask to know more about the administrative aspect of your case. This will help you plan ahead:

How long do you expect this case to take?
What can I expect at the court hearing?
Could you provide me with an overview of the court process and things I need to be aware of?
How will we communicate about our case?
Who is my primary point of contact?
What is your turnaround time for any queries I would have?

Here are some questions you can ask to know more about the financial aspect of your case, as legal costs would be an important consideration when hiring a lawyer;

What is your fee structure?
Can you provide an estimate of the total cost?
Are there additional costs or costs that might come up later if we pursue the case?

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Consulting a criminal lawyer for your lawyer might be a prudent decision. Nevertheless, you are not required to decide on hiring the lawyer immediately. You should spend some time to think about whether their approach suits you and if they are a good fit for your case. A key consideration will be their legal opinion. If you do not feel satisfied with the lawyer’s judgement of the case including their evaluation of the case’s strengths and weakness, possible outcome, and their defence strategy, you should not feel obliged to engage that lawyer. Another key consideration would be the costs of engaging the lawyer.

The first appointment provides an opportunity for you and the lawyer to evaluate whether both parties can collaborate well and crucially for you to grasp a better understanding of the legal issues at hand. You should also provide honest and accurate information to your lawyer to ensure they can make a fair and comprehensive assessment of your case.

It can be intimidating to find the most suited criminal lawyer. You can kick-start your search for an experienced criminal lawyer via our Find A Lawyer service. If you need a quick, initial consultation with a lawyer, you can also consider our Call A Lawyer service.