CRIMINAL

We have a proven track record of successfully defending individuals facing a wide range of criminal charges. From criminal assault to possession of dangerous drugs, we do not place any limits on the types of cases or clients we represent, offering robust and dedicated defense in every matter.

In addition to defense, we also assist accused persons with plea bargaining—a critical process when an individual admits to the offence and seeks legal intervention to secure a fair outcome. Our role includes negotiating for reduced sentences and, in some cases, advocating to avoid imprisonment altogether, ensuring the best possible resolution for our clients.

Find out more on what types of criminal offence we defend.

FAMILY LAW

Family law is a specialized area of law that often has a profound impact on individuals' daily lives. It encompasses matters such as the dissolution of civil marriages through divorce or annulment, ancillary claims for spousal and child maintenance, and issues relating to guardianship and custody of children.

At Azhier Arisin & Jaafar, we provide comprehensive guidance for couples seeking to dissolve their marriage amicably through a mutual divorce application in the High Court. For clients facing challenges in reaching mutual agreements with their spouses, we offer skilled representation to litigate the matter in court.

It is important to note that not all circumstances qualify for a divorce. Specific grounds and conditions must be satisfied before a divorce petition can be presented. We are here to assist and advise you throughout the process to ensure that your rights and interests are protected.

Find out more on what grounds for divorce and conditions the court would allow parties to dissolve their marriage. 

BANKRUPTCY

Many believe that a bankrupt individual is absolutely prohibited from traveling overseas, with no exceptions. While the Bankruptcy Act 1967 does impose restrictions on a bankrupt’s ability to leave the Federation of Malaysia, it also allows for the possibility of applying to the court for permission to travel. This is a scenario our firm frequently handles as part of our daily practice.

From its inception, Azhier Arisin & Jaafar has amassed extensive experience in managing bankruptcy and insolvency matters. We assist individuals in a variety of insolvency-related situations, including:

  • Applications for permission to travel outside Malaysia.

  • Applications for the annulment of bankruptcy (Adjudication and Receiving Orders).

  • Applications for discharge from bankruptcy.

In addition to personal bankruptcy matters, we represent a diverse range of clients in debt recovery proceedings, including bankruptcy actions, insolvency and liquidation cases, as well as foreclosures and auctions. Our expertise ensures that our clients receive practical and effective solutions tailored to their needs.

CIVIL LITIGATION

In addition to criminal litigation, our firm specializes in advising and representing clients in a broad spectrum of complex commercial disputes, contentious property conveyances, and niche practice areas such as torts, civil fraud litigation, and breaches of trust.

We also provide counsel in various litigation matters, including general debt recovery, land and tenancy disputes, contract and construction disagreements, employment, labor, and industrial relations cases, as well as defamation, negligence, and appeals involving statutory bodies. Our commitment to excellence ensures tailored solutions for each client's unique legal challenges.

COMMERCIAL

Our team has extensive experience in preparing, drafting, and reviewing legal documents for a wide range of general commercial agreements, including Memorandums of Understanding (MoUs), Development Agreements, and more. As skilled negotiators and solicitors, we possess the expertise necessary to handle various corporate assignments with precision and professionalism.

Our services encompass company incorporations, regulatory compliance, and facilitating inter-company negotiations. We are committed to delivering tailored legal solutions that meet the unique needs of our corporate clients.

NOTABLE CASES

WHAT WE DO:

  • Criminal defence 

  • SALE AND PURCHASE AGREEMENT

  • ATTESTATION

  • DEBT RECOVERY

  • SALE AND PURCHASE AGREEMENT

  • TENANCY/LEASE AGREEMENT

  • PRENUPTIAL AGREEMENT

  • TRUST DEED

SPECIAL REQUEST

We cater special request from Advocates and Solicitors in the states of Malaya and Sarawak to do the following with special rate:

  • Conduct land search at Land Office and Survey

  • Conduct file search at the registry of High Court

  • Serve Statutory Notice of Demand pursuant to s.466(1)(a) of the Companies Act 2016

  • Serve Bankruptcy Notice

  • Initiating Bankruptcy and Winding-Up Proceedings in the state of Sabah

  • Attesting Sale and Purchase Agreement

Featured
KOPEKS menang tuntutan RM6.5 Juta berkaitan pembatalan perjanjian jual beli tanah

KOTA KINABALU: Koperasi Pekerja-Pekerja Kerajaan Sabah (KOPEKS) telah berjaya memperoleh keputusan yang memihak kepadanya di Mahkamah Tinggi Sabah dan Sarawak di Kota Kinabalu dalam kes tuntutan pemulangan wang berjumlah RM6,495,288.26. KOPEKS diwakili oleh peguam Jeyan Marimuttu, Mohd Azhier Farhan Arisin, Abdul Fikry Jaafar, dan Vanessa J Marimuttu.

Pengurus inap desa dibebas daripada tuduhan penyalahgunaan dadah

KOTA KINABALU: Mahkamah Sesyen Kota Kinabalu memerintahkan seorang pengurus inap desa, Mohd Azizan Saidi, 41, yang berasal dari Ranau, dilepaskan dan dibebaskan tanpa perlu membela diri atas pertuduhan penyalahgunaan dadah hari ini. Dalam keputusan yang disampaikan oleh Hakim Mahkamah Sesyen Egusra Ali, beliau memutuskan bahawa pihak pendakwaan gagal membuktikan elemen-elemen kesalahan mengikut Seksyen 15(1) Akta Dadah Berbahaya 1952 yang dibaca bersama Seksyen 39C(1) Akta Dadah Berbahaya 1952. 

Semasa perbicaraan, peguambela Mohd Azhier Farhan Arisin berhujah bahawa spesimen air kencing yang dikatakan mengandungi methamphetamine dan amphetamine dikacau ganggu dan tidak dikemukakan sebagai bukti yang sah di mahkamah. 

Drugs: Man walks free

Kota Kinabalu: A 53-year-old man who was sentenced to two years jail and four lashes of the cane for having 22.62gm syabu was freed of the charge. High Court Judge Datuk Celestina Stuel Galid in her reserved decision, allowed the appellant, Jamil Mokti’s appeal against his conviction and sentence.

Jamil was on Dec 7, 2023 convicted and found guilty by the Papar Magistrate’s Court for having the drug on Oct 18, 2021, at 1.10pm, in a house at Kg Kabang, Papar. The charge is framed under Section 12(2) of the Dangerous Drugs Act 1952 and punishable under Section 39A(1) of the same Act. Jamil was represented by counsel Mohd Azhier Farhan Arisin while Deputy Public Prosecutor Dana Arabi Wazani for the prosecution as the respondent.

LOCAL MAN ACQUITTED OF METHAMPHETAMINE TRAFFICKING CHARGE IN SEMBULAN

In the defence arguments, the accused, represented by Mohd Azhier Farhan bin Arisin, contended among other points that the raiding officer's testimony regarding the accused's own admission and retrieval of the drugs hidden in the back of the car after being read the cautionary words under section 37B (1) (b) of the Dangerous Drugs Act 1952 was implausible. This skepticism arose partly because the raiding officer, upon cross-examination by Azhier, could not recall and recite the cautionary words in open court.

'Most meaningful Raya gift’, says man after walking free from drug trafficking charge in KK

KOTA KINABALU: A man who was facing a possible death sentence for a drug trafficking offence walked out a free man after the court released him from the charge on Wednesday (May 10).

High Court Judge Leonard David Shim acquitted and discharged Pillah Hajirul, who has been in detention since being arrested in 2020, without calling for his defence.

Speaking to reporters after the ruling, the 26-year-old construction worker was grateful the court decided in his favour.

"It was the most meaningful Hari Raya gift," he said, his face beaming with both elation and relief.

"I wish to return to my village (in the Philippines) after this to be with my family.

"As the offence was non-bailable, I had to spend some three years under detention," he added.

Corruption court acquits NRD official of issuing fake MyKad charge

KOTA KINABALU: A mother of nine cried tears of joy after the Special Corruption Court here cleared the National Registration Department (NRD) assistant registrar of a charge of issuing a fake identity card on Tuesday (Sept 27).

Safiah Alijang, 53, was charged under Section 463 of the Penal Code for allegedly making the fake MyKad for one Muhamad Daniel Hafiez Alif @ Jali at the NRD office in Sabah’s northern Pitas district at 3.05pm on May 22, 2013.

Outside the courtroom later, Safiah, who was on bail pending the disposal of the case, expressed her gratitude to her lawyer Azhier Farhan Arisin and her family.

“I feel like I died and came back to life. I'm grateful as I'm cleared of the charge. I couldn't contain my joy when I heard the court's decision," she said, trying to hold back her emotions.

Warga Bangladesh berjaya ketepi perintah rujuk ke imigresen

Hakim Mahkamah Tinggi Datuk Nurchaya Arshad di dalam penghakiman beliau bersetuju dengan hujahan peguam bela pemohon, Azhier Farhan Arisin bahawa tiada peruntukan undang-undang khusus memberi kuasa kepada mahkamah untuk memerintahkan pesalah yang telah selesai menjalani hukuman dirujuk ke Jabatan Imigresen.

Sabah homestay operator cleared of drug possession charge

KOTA KINABALU: The magistrate's court here freed a homestay operator from a drug possession charge on the grounds of technicality.

Magistrate Afiq Agoes acquitted and discharged Mohd Nasrul Jainorahim, 38, who was charged under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (1) of the same Act.

"Having heard the defence as well as having seen all the submission submitted, I am inclined to agree with counsel that the prosecution's technical failure in tendering the amended charge with the accurate weight of drugs possessed by the accused, is fatal to the case.

"Therefore, the accused in this case is discharged and acquitted from the charge," Afiq said when he delivered his decision after a full trial has been conducted since 2019.

Rayuan kes dadah: Lelaki berjaya ketepi hukuman penjara

Kota Kinabalu:Seorang lelaki berumur 35 tahun, yang dipenjara enam tahun dan dikenakan satu sebatan rotan kerana mengambil syabu buat kali ketiga, berjaya dalam rayuannya terhadap sabitan dan hukumannya.

 
Azhier Arisin & Jaafar, Lot A3-2, 2nd Floor, Block A, Plaza Utama, Jalan Pintas Penampang, Penampang, Sabah, 89500, Malaysia088 727 787general@azhierlaw.com

Disclaimer:

Whilst every care is taken in the preparation of the information contained in this web portal and blog, no warranty, express or implied is given by Azhier Arisin & Jaafar (“the Firm”) as to the completeness and accuracy of the information given and the Firm is not responsible for any errors or omissions which may occur. Under at no circumstances will the Firm be liable or responsible for any damages whatsoever, including without limitation, special, indirect, or consequential arising out of or related to the use or reliance of the information contained in it, whether by action in contract or tort or otherwise howsoever. This webpage is specifically designed in accordance with the Advocates (Website) Rules 2013 and Advocates (Practice and Etiquette) Rules 1988  and purely for informative purposes only not to be taken as a form of publicity. 

 

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Tel | +60 088 727 787

Fax | +60 088 723 787

E-mail | general@azhierlaw.com

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