A criminal defence attorney represents you from the moment you are arrested through to bail, plea, trial, sentencing, and appeal. You have a constitutional right to legal representation (Section 35 of the Constitution). Appointing an attorney immediately after arrest - before you make any statement - is the single most important step you can take to protect your rights.
When to hire a criminal defence attorney
- You have been arrested or issued with a warning statement (notice to appear).
- Police have contacted you and want to ask questions.
- You need bail urgently (Schedule 5 or 6 offences have onerous bail requirements).
- You have received a subpoena or know charges are imminent.
- You want to appeal a conviction or sentence.
What to expect
Your attorney attends police interviews, applies for bail (formal or through a Section 60(11B) affidavit for serious offences), obtains the docket, prepares your plea, and runs the trial. For Schedule 5/6 offences (murder, rape, armed robbery) bail is only granted if exceptional circumstances exist. A trial involves the State calling witnesses, your attorney cross-examining, and then leading your defence witnesses. Judgment is given on conviction and again on sentence.
Typical fees
Bail application: R3,500-R25,000. Full trial: R50,000-R500,000+ depending on complexity, court level (Magistrate, Regional, High), and duration. Legal Aid is available free to those who cannot afford private representation.
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