Legal Question in Criminal Law in South Africa

Good Afternoon

I'm in need of legal assistance urgently. I was apprehended last year for a drunk driving charge and I'm supposed to appear in court this Monday the 11th of November. I happy to plead guilty to the charge, nobody was harmed and I have no criminal record. I work within the film industry and I'm currently working on a film project so I will not be able to attend the hearing on Monday due to work obligations. I need advice as to how to proceed with this.

Please can you assist and revert back to me soonest.

Mbuyi Makanda

Cape Town, South Africa

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Asked on 11/04/13, 2:47 am

1 Answer from Attorneys

It will depend on the purpose for which your appearance is set down on the 11th. If it is for Plea and Trial, you will most likely not be allowed a postponement, but if it is for any other purpose, such as further investigation, it is possible to reach agreement with the prosecutor that you will be absent from court and return to court on a later, agreed upon date.

It is usually best to have legal representation when dealing with the prosecutors in this way to ensure that there are no misunderstandings regarding the further arrangements. Please bear in mind that even though you may reach agreement with the state regarding your absence at court, the court will still authorise a warrant for your arrest, but hold it over until the later date that you agree upon with the state. Should you then fail to appear on this later date, the warrant will be issued and you will be arrested.

It is advisable that you make these arrangements as soon as possible before Monday in order to avoid last minute problems.

If you need legal representation in the Cape Town area, I would suggest you contact Ben Mathewson of Mathewson Gess Attorneys on 083 285 7657. They specialise in criminal defence work.

Best of luck,

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Answered on 11/04/13, 4:12 am


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