Criminal law – know your rights

We at Werner Roos & Immelman attorneys are up to date with the latest judgements and legal developments and use this to professionally assist our clients in all criminal cases.

What you must do if you are ever arrested:
First the police must inform you of your rights. Exercise the right to remain silent and give as little information as possible as you may say things you might regret later as the information can be used against you. People tend to talk too much when in a state of shock or they think they are being funny, especially if they had any alcohol. Restrain yourself and understand the seriousness of the situation.

Immediately call your own attorney at Werner Roos & Immelman attorneys as we have the expertise to handle the merits of your case. We can assist you on technical points and irrelevant questioning. A good attorney can make or break your case if all points are not considered. Avoid using the attorney proposed by the police unless you have done your own investigation and research on the attorney proposed.

Tell your attorney the truth about what happened. He or she is under obligation to keep your information confidential and will protect your integrity. Your attorney will not be able to advice you correctly if you withhold or give false or incorrect information and you will weaken your own case.

Remember that “The Constitution of South Africa” states that you have the right to freedom and a fair trial.

Your attorney can arrange bail with the investigation officer at the police station for the following alleged crimes: drunken driving, common assault, negligent and reckless driving and“Crimen injuria” (criminal defamation). Any accused who is in custody in respect of any offence, other than an offence referred to in Part I or Part II of Schedule 2 may, before his or her first appearance in a lower court, be released on bail in respect of such offence by any police official of or above the rank of non-commissioned officer, in consultation with the police official charged with the investigation, if the accused deposits at the police station the sum of money determined by such police official.
The police needs the permission from the Public prosecutor to release a person who is charged with the following alleged crimes: arson, public violence, malicious damage to property, housebreaking with the intent to commit an offence, culpable homicide, assault inflicting grievous bodily harm and bestiality.

Only after a bail hearing by a court during office hours can bail be set by the court for the following alleged crimes: murder, armed robbery, breaking or entering any premises unlawfully, kidnapping, child stealing, rape, any sexual offence against a child or person with a mental disability,trafficking in persons for sexual purposes, illegal dealing in or possession of precious metal or stones and theft, knowingly receiving stolen property, forgery and fraud if the amount or value involved does exceed R20 000.00.

Our emergency and after-hours number: 061 733 1539