Best Criminal Defense Lawyers in Johannesburg

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Ndungu Attorneys Inc
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Ndungu Attorneys Inc is a boutique law firm situated in Johannesburg, close to the South Gauteng High Court (Johannesburg High Court) and various Magistrates’ Courts such as Jeppe, Hillbrow and Westgate.We have a rich and diverse history with our founder Kimani Ndung’u having worked or...
ME Saidell Attorneys Inc.
Johannesburg, South Africa

Founded in 2019
English
ME Saidell Attorneys Inc., established in June 2019, is a 100% black-owned law firm committed to delivering comprehensive legal services across various fields of law. Founded by Mr. Mzamo Emmanuel Saidell, who holds an LLB degree from the University of Zululand, the firm combines legal expertise...
SWVG Inc
Johannesburg, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
SWVG Inc.Swartz Weil Van Der Merwe Greenberg Inc. Attorneys was formed in August 2017, following the dissolution of Phillip Silver Swartz Inc.SWVG Inc. is a unique law firm offering a basket of legal services, with all of its professionals being passionate about the law, focused on what they do and...
Johannesburg, South Africa

Founded in 1908
English
Established in 1908 under the name A.E. Harvey, Harvey Nortje Attorneys is the oldest law firm in Emalahleni (formerly Witbank), Mpumalanga. With over a century of legal practice, the firm has built a solid reputation for delivering comprehensive legal services, including conveyancing, commercial...
Johannesburg, South Africa

English
BFA Law is a specialist legal firm based in Pretoria, South Africa, offering comprehensive services in Property Law, Commercial Law, Criminal Law, Litigation, and Dispute Resolution. The firm is adept at resolving complex commercial disputes, providing expert assistance both in and out of court....
Majang Inc Attorneys
Johannesburg, South Africa

English
Majang Inc. Attorneys is a boutique, black-owned law firm specializing in a comprehensive range of legal services, including Labour and Employment Law, Commercial and Corporate Law, Investigations and Board of Inquiries, Regulatory and Compliance, Tax Law, Mining Law, Banking and Finance,...
Mukwani Attorneys
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsTrust us with your caseMukwani Attorneys is a law firm that provides services across a broad spectrum of subjectmatters. We strive to provide innovative and effective solutions no matter the complexity ofthe issue. We take pride in what we stand for Honesty, Integrity, Quality, Promptly...
Yokwana Attorneys
Johannesburg, South Africa

English
Yokwana Attorneys, located at 87 High Street, Office 15, Grahamstown, Eastern Cape, South Africa, offers comprehensive legal services across various practice areas. The firm specializes in commercial litigation, personal injury litigation, civil litigation, legal research, and legal writing. This...
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South Africa Criminal Defense Legal Questions answered by Lawyers

Browse our 2 legal questions about Criminal Defense in South Africa and the lawyer answers, or ask your own questions for free.

Kidnapping and murder
Criminal Defense
Hello: Thank you for sharing this concern. Presuming this is within Philippine jurisdiction, a conviction for such a serious crime like murder and kidnapping may still be challenged through the proper remedies provided by law. Based on your narration that there is no corpus delicti or body of the crime, no death certificate, and that the conviction relied heavily on inconsistent witness statements, your brother and his wife may still seek relief. a.) They can file an appeal with the Court of Appeals under Rule 41 of the Rules of Court, raising serious errors of fact or law, particularly the insufficiency of evidence. Conviction without proof beyond reasonable doubt violates their constitutional right to due process. b.) If the decision of the Court of Appeals affirms the conviction, the remedy is to elevate the case to the Supreme Court via a petition for review on certiorari under Rule 45, raising questions of law, including whether the conviction is void for lack of corpus delicti and inconsistencies in the prosecution’s evidence. c.) They may also consider filing an application for bail pending appeal in exceptional cases if circumstances warrant, though this is difficult for capital offenses, it may be argued if the prosecution’s evidence is indeed weak. d.) If new and material evidence surfaces that could not have been discovered during trial and would probably change the outcome, a petition for new trial under Rule 121 may be filed. Given the gravity of the situation, immediate legal representation is very important to ensure deadlines for appeal are not missed. Our firm, Recososa Law Firm, handles criminal defense including post-conviction remedies. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom call, or a physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and kindly indicate that you are a client from LawZana. Alternatively, you may also call or text us at +639175046510. If this answers your question to your satisfaction, I hope it is not too much to ask to please like and share our Facebook page and leave us a review on our Google page below, as this will surely inspire us to do more of this kind of assistance: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/review Facebook Page:https://www.facebook.com/RecososaLawFirm Sincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp:   +63-917-504-6510
Sexual assault
Assault & Battery
Criminal Defense
Good day.This is Atty Mario P Narag Jr of Narag Law Office Unit 1 Dictum Bldg Crispina Ave Las Pinas Village Pamplona 3 Las Pinas City. We can assist you.Please check our website at www.naraglawoffice.com 

About Criminal Defense Law in Johannesburg, South Africa

Criminal defense in Johannesburg, South Africa, entails representing individuals charged with criminal activities in various courts within the city - from magistrate's courts to the prestigious high courts. These legal defenses navigate South Africa's complex legal system, which is grounded in a mixture of Roman-Dutch and English common law. Johannesburg, being the largest city by population, is a hub for numerous legal cases, requiring defense attorneys to handle a wide array of criminal issues ranging from minor infractions to serious offenses.

Why You May Need a Lawyer

There are several situations where you might need a criminal defense lawyer in Johannesburg. If you have been arrested or are under investigation for a crime, prompt legal advice is crucial. Legal representation ensures that your rights are protected during police interactions, investigations, and at trial. Specific situations may include allegations of theft, assault, fraud, drug offenses, or even more severe crimes like murder. Additionally, if you are seeking to appeal a conviction or sentence, a legal expert in criminal defense would guide you through the complexities of post-conviction remedies.

Local Laws Overview

Criminal law in Johannesburg, as part of South Africa, operates under the jurisdiction of the South African Constitution, which serves as the supreme law of the land. Key aspects include the right to a fair trial, the presumption of innocence, and protection against double jeopardy. The Criminal Procedure Act and various other statutes govern procedures, from arrest to trial, while sentencing is guided by both statute and case law. Importantly, bail laws, the distinction between felonies and misdemeanors, and sentencing guidelines are pivotal for defendants to understand.

Frequently Asked Questions

What should I do if I am arrested?

If you are arrested, it is crucial to remain calm and cooperate with law enforcement. Request to speak with an attorney immediately, and remember that you have the right to remain silent to avoid self-incrimination.

Can I handle criminal charges without a lawyer?

While legally you can represent yourself, it is not advisable due to the complexities of criminal law. A qualified lawyer can provide expertise that is crucial for a favorable outcome.

How does bail work in Johannesburg?

Bail is a process that allows a suspect to be released from custody pending trial. Bail conditions and amounts are set by the court, based on factors like the severity of the crime and flight risk.

What happens during a criminal trial?

During a trial, evidence is presented by both the defense and the prosecution. Witnesses may be called, and the credibility of evidence is evaluated. Ultimately, a judge or jury decides on the defendant's guilt.

What is plea bargaining?

Plea bargaining is a negotiation process between the defense and prosecution, where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. It can expedite closure and reduce uncertainty.

Can a criminal record be expunged in South Africa?

Yes, certain offenses allow for record expungement under specific conditions, usually involving time elapsed since the conviction and the nature of the original offense.

What are my rights during a police search?

You have the right to refuse a search unless the police have a warrant or probable cause. Additionally, any search should respect the dignity and privacy of the individual involved.

How do appeal processes work in criminal cases?

If unfair treatment or error is believed to have occurred during the initial trial, an appeal can be filed. The higher court reviews the case for any legal mistakes and may overturn or modify the decision.

What should I do if I am falsely accused?

Contact a criminal defense lawyer immediately. Collect and preserve all potential evidence that might support your version of events and work closely with your attorney to prepare your defense.

How are sentences determined in criminal cases?

Sentences are determined based on statutory guidelines, weighed alongside mitigating and aggravating circumstances of the offense, and often involve a pre-sentencing investigation report.

Additional Resources

For anyone seeking additional guidance in criminal defense, consider reaching out to organizations such as Legal Aid South Africa, the Law Society of South Africa, or local law clinics affiliated with universities. These organizations offer varying levels of support and information for those in need of legal assistance.

Next Steps

If you're in need of legal assistance, the first step is to secure a consultation with a reputable criminal defense lawyer. This consultation will help you understand your legal standing and the possible strategies for your defense. It is advisable to act promptly to ensure your rights and interests are best protected throughout the criminal justice process.

Lawzana helps you find the best lawyers and law firms in Johannesburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Criminal Defense, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Johannesburg, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.