Legal Question in Criminal Law in South Africa
i was charged with 5.6 million rand for fraud and corruption in the company that i worked for and without paper trail, that was for paying guards unlawfully ,a year later the case went to trial and i had another charge against me for paying my boy friend who was an exemployee at the time on a monthly basis which amounted to R74000.00 is it possible that i can be charged twice for the same thing because when the complainent was questioned about how much of the missing moneys went into my account he said nothing but some of it went into my boyfriends account. i am really stressed now because my attorney seemed to have lost interest in my case a is asking me to take the guilty plea bargain ,its hard to do that when i am not guilty because even though i had known this man but i never paid him unlawfully however he did get paid because he had friends that worked with him and some how changed the guards banking details with this man's details i do work with the salaries but i receive the salary schedules via email and only do calculations according to the names on the sheet .
1 Answer from Attorneys
It is very difficult to advise without having been able to peruse the police docket and consult with you regarding the charges. However, one of the basic principles of our law is that a person may not be charged for the same offence twice. Therefore, if what is happening to you is a duplication of charges, you are entitled to have the duplicate charges withdrawn or dismissed.
While I do not know your attorney and cannot express an opinion on whether he is giving you sound advice, as client, you are not obliged to accept your attorney's advice and are free to take a second opinion.
Usually, in matters of this nature it is advisable to be represented by an attorney with criminal law experience. If you wish to seek a second opinion from a defence attorney, you may contact my colleague, Gys Niesing, on his mobile 084 593 2341, email [email protected] or skype gysniesing.
Best of luck,
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