Legal Question in Criminal Law in South Africa

When a person is charged with any criminal offence, I would advise them to do the following:

1. Seek legal representation from an attorney specialising in criminal law;

2. Co-operate with the police, but have your attorney present during all interactions with the police (if at all possible). The police is empowered by the Criminal Procedure Act to take record bodily features of persons that they arrest. This include the taking of fingerprints and drawing of blood for DNA comparison;

3. Do not make any statements or answer any questions dealing with the charges against you until such time as you have consulted with your attorney. Other questions, regarding your identity and address details should be answered truthfully.

On more serious charges, such as most charges dealing with sexual offences, you will be taken into custody until your first court appearance. If at all possible, it would be advisable to arrange with the investigating officer that you go to him as early as possible in the morning to be charged. That way, you have a better chance of being taken to court on the same day and not be kept in custody overnight.

If you are in need of a criminal defence attorney, please call a colleague of mine, Gys Niesing, at 084 593 2341. It is not clear from your question where the charges originate from, but if he is unable to represent you, he might be able to refer you.

Best of luck,