Criminal Defence
From the first phone call to the last day in court.
Being charged with a crime is one of the few situations where what you do in the first day genuinely changes the outcome. We defend people in the Magistrates’ and High Courts, from a first appearance through to trial, and we would rather you called us too early than too late.
The situation
Where people usually are when they call
- The police want a statement and nobody has explained what happens if you give one.
- A summons has arrived and the court date is real, but the charge is not clear.
- A case has dragged on for months with no explanation and no progress.
- You have an attorney, but you have not spoken to them since the last appearance.
What the law says
What the law actually says
- Section 35 of the Constitution gives you the right to remain silent, the right not to incriminate yourself, and the right to a legal practitioner — from the moment of arrest, not from the moment of trial.
- The State carries the burden of proof. You do not have to prove your innocence; the State has to prove guilt beyond reasonable doubt.
- You have the right to be informed of the charge with enough detail to answer it. "We will explain in court" is not sufficient.
- A warning statement given without advice is very difficult to undo. Most of the damage we are asked to repair was done before anyone called an attorney.
How we handle it
- 01
Get the facts, fast
What the charge is, which court, which prosecutor, what is actually in the docket. Cases are lost on assumptions about all four.
- 02
Protect the position
Advice before any statement, bail where someone is in custody, and an end to the unrepresented conversations with investigators.
- 03
Test the State case
Docket disclosure, witness statements, the chain of evidence. Often the most valuable work happens long before trial.
- 04
Resolve or run it
Representations to the prosecutor, a plea where that genuinely serves you, or a trial. We will tell you honestly which is which.
What it costs
Criminal defence is priced on the work the case actually needs, and that depends on the charge, the court and whether it runs to trial. We will give you a clear fee structure before we start, and tell you when something we are asked to do will change it.
What moves the number
- The charge, and whether it sits in the District, Regional or High Court
- Whether the matter resolves through representations or runs to a full trial
- The volume of the docket and whether expert evidence is needed
- The number of appearances and how far the court is from Pretoria
How long it takes
A first appearance happens within days. Criminal matters in South Africa then commonly run for months, and serious ones for longer. Part of our job is keeping yours moving rather than letting it drift on the roll.
Common questions
Criminal Defence
Should I make a statement to the police?
Speak to an attorney first. You have a constitutional right to remain silent, and exercising it is not an admission of anything. A statement given without advice cannot be taken back, and it is the single most common way a defendable case becomes a difficult one.
I have not been arrested, but the police want to see me. Do I need an attorney?
That is exactly the moment to call one. Being asked to "come in and explain" is not an informal chat, and it is far cheaper to be advised before that meeting than to undo it afterwards.
Can you take over a case another attorney has been running?
Yes. You are entitled to choose your legal representative at any stage. We will obtain the file, work out where the matter actually stands, and tell you plainly whether a change helps or simply costs you money.
What if I cannot afford a private attorney?
Legal Aid South Africa provides representation to those who qualify, and no one should face a serious charge unrepresented. If we are not the right fit for your circumstances we will say so and point you to who is.