411 Main Avenue, Ferndale, Randburg
Bail Lawyer in Randburg
Bail Application
At Otrebski Attorneys, we specialize in criminal law. We aim to find the best solutions for our clients, and we are committed to reduce the discomfort and trauma to the bare minimum to you and your family.
As criminal law is such a diverse and sometimes difficult challenge, we have made it our mission to become experts in the field. Without limitations, herein below are the different areas in which our lawyers can assist you with:
TYPES OF BAIL APPLICATIONS:
When a person has been arrested for an alleged criminal offense, such person pays an amount either to the police or to the court for their release. By law, an accused person must be brought to brought to court within 48 hours from the time they were arrested. Should you be arrested on a weekend, or public holiday, the hours are not taken into consideration as such 48 hours shall count from a normal working day.
In South Africa, we have three different bail applications, namely, police bail, prosecution bail and court bail. The difference will be discussed below:
Police Bail falls under section 59 of the Criminal Procedure Act where an arrested person can apply for bail at the police station before the expiration of 48 hours. Such offenses are not seen as one of a serious nature for example offenses such as theft under R2,500.00, or common assault. It is important to know which offenses fall within the ambit of police bail.
In terms of section 59A a prosecutor may authorise the release of an accused person on bail before their first court appearance if the accused is in custody on a Schedule 7 offence. A Schedule 7 offence is slightly more serious. For example, culpable homicide, assault, grievous bodily harm, robbery, theft and fraud (where the amount involved does not exceed R20,000) and possession of drugs. Other serious offenses.
The last form of bail that can be applied for is court bail applications, which are dealt with in terms of section 60 of the Criminal Procedure Act. These bail applications can either be formal or informal, depending on the schedule of the alleged offense.
At the bail hearing the accused must inform the court of any other criminal convictions and if there are any pending criminal charges against them. The prosecutor may state on record why bail should not be granted if they feel the need to oppose the bail application. The court will take all this information into consideration before making a decision. It is important to note that the court cam postpone the bail application, but not for longer than 7 days at a time.
Should the accused be granted bail, the accused will have to follow certain bail conditions that the court imposes and will need to ensure that they are present at each court appearance, or their bail can be revoked.
An expungement is a process by which a criminal record can be removed off a person’s name or database. Section 271B of the Criminal Procedure Act regulates the Expungement process.
An expungement can only be done after a period of 10 years has lapsed since the date of conviction. A person will not qualify for expungement if he or she was convicted of a sexual offence against. His or her name is included in the National Register for Sex Offenders or the National Child Protection Register. However, a person may be able to qualify if his or her name has been removed from the National Register for Sex Offenders or the National Child Protection Register and a presidential pardon has been done.
Criteria to Qualify for Criminal Record Expungement
There are certain standards to be met in order to qualify for the expungement in South Africa. Listed below are a few qualifying factors:
- The existence of the record has been for at least ten years and no subsequent convictions were recorded.
- The offence must have been of a trivial nature, such as shoplifting, petty theft, etc. Convictions of crimes of a serious nature, such as rape, murder and other sexual offences do not qualify for criminal record expungement, but rather for a presidential pardon, however such pardon is not guaranteed.
- You were given the option of paying a fine that did not amount to more than R20,000.00
- An expungement can take anything from 4weeks – 6months.
Otrebski attorneys have dealt with various crimes and allegations, namely Common assault, Assault GBH, Domestic Violence, Attempted murder, Murder, Rape, Fraud, Money Laundering, Tax invasion, Corruption, Sexual Assault, Unlicenced Firearms, Pointing of Firearms, Dealing in Firearms, Dealing and Possession of Drugs, Drinking and Driving, Reckless and Negligent Driving, Culpable Homicide, Theft, Robbery, Prostitution, Kidnapping, Human Trafficking, Housing Breaking, Shoplifting, Child abuse and many more.
Should you be charged for any of the above crimes, it is important to contact a lawyer of your choice. The different offences will determine which bail application your attorney needs to assist you with, and this will help your lawyer determine what type of preparation is needed to assist you with your case.
When you are charged for any of the above offences, your attorney will need to determine whether the element of the crime exists as each offence mentioned above all have different elements. Should the state not be able to prove that these elements exist, then the accused person can be acquitted from the charges levied against them.