Arrest, bail and criminal defence
When someone is arrested, the first hours matter. We act on police bail and bail applications and represent accused persons through to trial.
Someone arrested right now?
Call with their full name, the police station and the case number.
What we handle
- Police bail and formal bail applications
- First appearances and postponements
- Plea and trial representation in the Magistrates’ and Regional Courts
- Advice on your rights after arrest
Our duty to the court is part of your defence. We never mislead the court, and we tell you plainly where your case stands.
After an arrest
- Arrest and the police station
The person must be told why they’re being arrested. Ask for the case number and the name of the police station.
- Police bail, for some offences
For some less serious offences, the police may release the person on bail before their first court appearance.
- First appearance within 48 hours
An arrested person must be brought to court within 48 hours, or by the end of the next court day if that period ends outside court hours.
- The bail application
At court, the accused can apply for bail. For serious offences the law places the burden on the accused to show why release is justified, so preparation matters.
- Postponements and the trial
Most cases are postponed while the State investigates. The trial follows, and we represent the accused throughout.
What happens in a specific case depends on the charge. Call us as early as possible.
Your rights
Rights of an arrested person under section 35 of the Constitution
- To remain silent, and to be told about that right and what happens if you don’t stay silent.
- To be told promptly why you have been arrested.
- Not to be forced to make a confession or admission.
- To be brought before a court within 48 hours.
- To be released, with or without bail, if the interests of justice permit.
- To choose and consult a legal practitioner, and to be told of that right promptly.
- To have a legal practitioner assigned by the State at its expense if substantial injustice would otherwise result (for example through Legal Aid South Africa).
General information, not advice on your matter.
Know your rights
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Myth:
An attorney can’t defend me if I admit I did it.Fact: You can still be represented. Your attorney may not mislead the court or put up a false defence, but can test whether the State’s evidence is enough to convict.
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Myth:
I can’t afford any legal help.Fact: Legal Aid South Africa may represent you for free if you meet its qualifying requirements.
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Myth:
Bail is automatic once you appear in court.Fact: Bail has to be applied for, and for serious offences the accused carries the burden of persuading the court.
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Myth:
If I explain everything to the police, the case will go away.Fact: You have the right to remain silent, and anything you say can be used in evidence. Speak to an attorney first.
General information, not advice on your matter.
Questions
Someone I love has just been arrested. Can you help today?
Call us. Tell us their full name, the police station and the case number. We’ll advise on police bail or a bail application at their first appearance.
What should I bring to a bail consultation?
The accused’s ID details, proof of address, proof of work or study, details of any dependants, and any previous cases. These help show the court the person will come back for trial.
What does it mean when a case is postponed?
The case is moved to a later date, often for further investigation. The accused stays out on bail or in custody, depending on what the court decided.
Can you give me quick advice on WhatsApp?
We can’t. Advice given without seeing the charge sheet and facts can be wrong, and that would be unfair to you. In an emergency, call. Otherwise, book a consultation.
Videos
More explainers on TikTok (opens in a new tab)
Videos are general explanations by Ms Makokomale, not advice on your matter.