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So, chances are that you or someone you know has or will be involved in some type of legal criminal litigation. What does that mean for the accused and getting out of prison?

 

The fact is that in most cases, even where the police know exactly where a person stays, the accused is normally arrested. Arrest is to be taken control of by a police officer and to be charged with some sort of crime(although the latter seems to occur less and less while the prior is happening all the more without reason leading in some cases to civil liability of the Minister of Police)

 

In most cases the police have a discretion whether they will arrest the accused, but with serious offences the police MUST arrest the accused and bring him before court. The court then decides whether bail should be granted and when a bail application could/should be heard.

 

Now, this all sounds very interesting but let's be serious. Most people get bail of a few thousand Rand. The problem doesn't lie there. The problem occurs with people who don't get bail. Trials in S.A. can span anywhere from a week or two, to a month or two, to a year or two. If bail is denied, that means the accused could theoretically and in some cases, practically, be in prison for years and still be found not guilty.

 

When applying for bail an accused must convince the magistrate of the following and that he:

    - will attend all his court hearings and will not run away

    - is not a danger to other people

    - will not commit further crimes

    - will not intimidate any witness in the case.

 

It is also very important that when applying for bail that the accused be represented/or represent himself correctly as a second bail application is not allowed as a rule and will only be heard if new facts or new circumstances arise in the case. This means that this application is probably one of the most important applications that can be brought before a criminal court.  

 

Of course, the accused has a right to review or appeal, at great expense, to the High Court if judgement does not go according to plan.

Recently our offices have received word of inmates at prisons who are awaiting trial and have simply been advised incorrect or chose not to listen to their representatives.

 

DO NOT think that sparing expense by not appointing an attorney is always good counsel as if things go wrongly, it will cost a lot more to appeal or review an application than to initially pay an attorney.

 

As always our offices are available to serve in this regard also.

 

Have a great February.

 

- Du Bruyn Attorneys