Criminal Law attorneys in South Africa

Mukwani Attorneys

Rosebank, Johannesburg, Gauteng Experience not supplied

Mukwani Attorneys is a Johannesburg-based law firm committed to providing professional, personalised and effective legal solutions. We assist individuals and businesses across a range of legal matters, including family law, divorce, criminal law, litigation, commercial law, labour law, property law and estates. Our approach is built on honesty, integrity, quality and excellence, with a focus on understanding each client's unique needs and providing practical legal guidance.

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Plain-language guide

What a criminal defence attorney does.

A criminal defence attorney represents a person who has been arrested, charged or is under investigation: attending the police station, applying for bail, obtaining the docket, negotiating with the prosecutor, running the trial, and handling appeals, reviews and expungement of old records. They also act for complainants who want a private prosecution or a matter reopened.

When you need one

You or a family member has been arrested or asked to attend an interview with the police.
You have received a summons or a notice to appear in a criminal court.
You are a suspect and the police want a statement, a search or your phone.
You have been convicted and want to appeal or apply for expungement.

How fees usually work

Bail applications and first appearances are usually quoted as fixed fees; trials are billed per day of court. Ask for the written estimate the Legal Practice Act requires. If you cannot afford an attorney you have the right to apply to Legal Aid South Africa, which applies a means test, and a court must inform an accused of this right.

Questions to ask before you instruct

Can you attend the police station now, and what will that cost?
What is the charge, which schedule does it fall under, and how does that affect bail?
What is your fee for the bail application and per trial day?
Have you defended charges like this in this court before?

See the listed practitioners

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Criminal defence attorney questions

What are my rights when arrested in South Africa?

Section 35 of the Constitution gives every arrested person the right to remain silent, to be told of that right and of the consequences of not remaining silent, not to be compelled to make a confession, to be brought before a court within 48 hours, to be told the reason for continued detention, and to consult a legal practitioner of their choice.

How does bail work?

For most offences the court may release an accused on bail if the interests of justice permit it. For the more serious offences listed in Schedule 5 and Schedule 6 of the Criminal Procedure Act, the accused must show why release is in the interests of justice, and for Schedule 6 exceptional circumstances are required. Police bail and prosecutor bail exist for lesser offences before the first appearance.

Can a criminal record be removed?

Some records can be expunged after ten years if the sentence was not direct imprisonment and no further conviction followed, by application to the Director-General of Justice. Certain minor and apartheid-era offences qualify sooner. Sexual offences against children and the mentally disabled do not qualify.

For the practitioners listed here

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