Call our after-hours line on 079 872 7160. Anyone arrested must be brought before a court within 48 hours. The first appearance is where bail is decided, so having an attorney there matters.
We can help with
- Attending at the police station after an arrest
- Bail applications, including Schedule 5 and 6 offences
- Representation at trial in the Magistrates' and Regional Courts, and the High Court
- Plea and sentence agreements with the prosecution
- Representations to the prosecutor to withdraw charges
- Appeals and reviews against conviction or sentence
- Traffic offences, including drunk driving
- Expungement of criminal records
Your rights after an arrest
- You have the right to remain silent. You do not have to make a statement.
- You have the right to consult an attorney and to be told of that right.
- You must be brought before a court within 48 hours, or on the next court day if the 48 hours end outside court hours.
- You have the right to apply for release on bail.
How a criminal matter runs
- First appearanceThe charge is put to you and bail is dealt with. The matter is usually postponed for investigation.
- DisclosureWe obtain the docket and review the state's evidence against you.
- StrategyWe advise you on your prospects and the options: trial, representations, or a plea agreement.
- TrialWe test the state's evidence, cross-examine witnesses and present your defence.
- Sentence or appealIf you are convicted, we argue for an appropriate sentence and advise on an appeal.
What to bring to your first meeting
- Your ID document
- The charge sheet, J534 notice or bail receipt
- The police station name and case (CAS) number
- The next court date and court name
- Names and contact details of any witnesses
Questions about criminal matters
Should I give the police a statement?
Not before speaking to an attorney. You have the right to remain silent, and anything you say can be used against you.
How is bail decided?
The court weighs whether you might interfere with witnesses and whether release would endanger the public. For serious offences you may need to show exceptional circumstances.
Can charges be withdrawn?
Sometimes. We can make written representations to the prosecutor, for example where the evidence is weak or where diversion is appropriate.
Can a criminal record be removed?
Certain convictions can be expunged after ten years if there has been no further conviction. We can advise whether yours qualifies.