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Otrebski CRIMINAL Attorneys

What Does Criminal Law Deal With in South Africa?

Criminal law in South Africa governs offences committed against the state, individuals, or society at large.
It outlines how crimes are defined, prosecuted, and punished, ensuring that justice is served while protecting the constitutional rights of the accused.

The South African legal framework is shaped by various statutes and principles, including:

Governs the process of investigation, arrest, bail, trial, and sentencing.

Guarantees the rights of arrested, detained, and accused persons.

Regulates the duty to support children and/or spouses financially.

Covers sexual crimes, consent, and related offences.

Regulates drug-related crimes.

Governs the possession, use, and licensing of firearms.

These laws work together to ensure that criminal matters are handled with fairness, precision, and respect for constitutional rights. With the right legal guidance, individuals can navigate these processes confidently, knowing their
rights are protected while justice is pursued.
Criminal Law
Our Criminal Law Attorneys

What Does a Criminal Lawyer Do?

A criminal lawyer defends individuals and entities accused of committing a crime, ensuring their rights are protected throughout the legal process.

At Otrebski Attorneys, our criminal defence team is committed to building strong cases, challenging unlawful procedures, negotiating where it benefits the client, and delivering persuasive representation in court. From urgent bail applications to complex criminal trials, we fight for the best possible outcome at every stage.

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Our Criminal Law Services

Otrebski Attorneys’ Criminal Law Firm In Johannesburg

Our Criminal Law Department has a proven track record in handling high-profile and complex matters, providing clients with proactive, thorough, and fearless representation. With a thorough understanding of the law and the seriousness these cases demand, we ensure our clients’ rights are protected and their interests vigorously defended at every stage.

Bail Applications & SAPS Attendance

When you or a loved one is arrested, time is critical. We focus on providing immediate and professional legal assistance at police stations, ensuring your arrest and detention fully comply with the Criminal Procedure Act 51 of 1977. Our team prepares and argues strong, well-crafted bail applications to secure your release as quickly as possible, protecting your rights and interests from the start.
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Domestic Violence

Domestic violence law in South Africa offers protection to victims through urgent legal remedies such as protection orders. It addresses physical, emotional, and economic abuse, ensuring safety and dignity while balancing due process. Legal guidance is vital to navigate these sensitive and urgent matters effectively. We provide urgent, compassionate legal support in domestic violence matters.
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Watching Briefs & Trial Strategy

If you are under investigation or facing criminal charges, our experienced team carefully monitors every step of the proceedings to ensure your rights are fully protected. We meticulously identify procedural errors, gather critical evidence, and develop a comprehensive, targeted defence strategy designed to effectively challenge the state’s case, safeguard your interests, and achieve the best possible outcome.
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Plea Bargaining & NPA Representations

Engaging with the National Prosecuting Authority (NPA) can provide opportunities for reduced charges, lighter sentences, or alternative resolutions that avoid a lengthy trial. Our team carefully assesses the strength and weaknesses of the case against you, protects and enforces your legal rights at every stage, and negotiates strategically and persistently with the NPA to achieve the most favorable and just outcome possible.
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Protection Order Violations

We provide urgent legal support in protection order violation cases, whether you need to enforce an order, defend against allegations, or ensure your safety is prioritised. Our team acts swiftly and strategically, guiding you through the process with care and determination to protect your rights and achieve effective outcomes.
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Expungements & Presidential Pardons

A criminal record can limit job prospects, travel, and personal opportunities. Our experienced team guide you through the legal process of removing eligible convictions in terms of the Criminal Procedure Act, and where applicable, prepare persuasive applications for a Presidential Pardon.
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Prisoner Rights Representation & Advocacy

Every inmate has rights, regardless of conviction. We represent incarcerated individuals to ensure humane treatment, access to healthcare, and protection from abuse, as well as assist with parole applications, transfers, and disciplinary hearings.
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Full-Service Criminal Trial Representation

From your first court appearance to the final verdict, we provide comprehensive representation in the Magistrates’, Regional, and High Courts. We prepare your defence meticulously, challenge unlawful evidence, cross-examine witnesses, and advocate vigorously to protect your freedom.
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Criminal Lawyer Frequently Asked Questions

If you speak to the police without consulting a criminal lawyer first, you risk inadvertently giving evidence that may be used against you. Under the South African Constitution and criminal-procedure law, you have the right to remain silent and to legal representation. 

It’s therefore strongly advisable to request a lawyer before making any statement or answering detailed questions, even if you believe you’re simply being helpful. 

When arrested or detained in South Africa, you’re guaranteed rights under Constitution of the Republic of South Africa, 1996 S35, including:

  • The right to remain silent and not to be compelled to make a confession.
  • The right to be informed promptly of the reason for the arrest/detention, in a language you understand.
  • The right to consult with a lawyer of your choice, and if you cannot afford one, you may be entitled to a state-appointed attorney.
  • The right to be brought before a court within 48 hours (or by the end of the next court day) of arrest.
  • The right to a fair trial, including being informed of the charge against you and access to legal representation.

 A criminal-law attorney will examine the evidence against you, advise you on possible strategies (including plea/defence options), represent you in bail applications and court, negotiate with prosecutors if appropriate, and safeguard your constitutional rights throughout the criminal process.

Legal fees vary widely depending on the complexity of the case, the level of experience of the lawyer, the number of court appearances/postponements and other factors. Some indicative figures:

  • Some hourly rates for experienced attorneys range from ~ R2 200-R2 500 per hour. 
  • Basic service fees may start from around R1 500 for less complex matters.
  • It’s advisable to obtain a clear outline of fees upfront, including any additional costs such as court filings, travel, or expert consultations, so you have a transparent understanding of the overall process.

Yes — you have the right to cancel your mandate to an attorney and instruct a new one, subject to any fee or contract obligations you previously agreed.
 When considering a change:

  • Review your original agreement (mandate) for termination terms.
  • Ensure the new lawyer obtains the case file and is properly instructed.
  • Be aware there may be costs or outstanding fees to the former attorney.

 

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Starting Your Legal Journey With Otrebski Criminal Law Attorneys

We understand that facing criminal charges can be overwhelming and urgent. We follow a clear and strategic approach designed to protect your rights and provide the strongest possible defence from the start.

Fill in your details below to contact us for professional guidance, expert advice, and effective solutions
to your criminal law matters.

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Our step-by-step approach ensures that you feel supported from your first consultation to the final resolution.
  • Consultation
  • Assessment
  • Strategy
  • Action
  • Resolution
Otrebski Attorneys combines extensive experience, in-depth legal knowledge, and years of proven practice.
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