Criminal Defence Attorneys in Johannesburg
Defence Counsel From Arrest to Verdict – After-Hours Line Available
A criminal charge attacks everything at once – liberty, name, livelihood. The defence is built in the first days: the statement never made, the docket obtained early, the bail secured on the first attempt.
Our criminal team defends charges from drunk driving to serious Schedule 5 and 6 offences – bail applications, trial defence and sentencing – under the Criminal Procedure Act 51 of 1977.
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Why Criminal Defence Turns on the Early Days
The State must prove guilt beyond reasonable doubt. The defence’s job is to hold the State to that burden – from the first hour.
Every Johannesburg criminal matter runs through the same machinery:
- arrest and statement rights
- bail within 48 hours
- docket disclosure
- trial in magistrates’ or High Court
- sentencing and appeal
The Criminal Procedure Act and the Constitution set the rules: the right to silence, the right to counsel from arrest, disclosure of the docket, and a fair trial before an independent court. The defence enforces these rights – they are not enforced on your behalf.
Cases are usually decided by weaknesses found early: an unlawful search, an improper statement, a chain-of-custody gap in the forensic evidence. Defences discovered at trial are gambles; defences built in the docket are strategies.
What a Criminal Defence Attorney Does
From arrest: attendance, advice before statement, bail preparation. Through trial: docket analysis, witness preparation, cross-examination on the gaps, and expert evidence where the State’s forensics need answering.
At sentence: mitigation built on context, character and prospects – the phase where years are won or lost after a conviction.
The State builds its case from your silence. Build yours from its docket.
Magistrates’ Court vs High Court Defence
Magistrates’ and Regional Courts
The overwhelming majority of criminal matters – DUI, assault, theft, fraud – are tried in the district and regional courts of Johannesburg.
Rolls move fast; preparation must move faster. Early docket disclosure and a firm trial strategy resolve most matters before trial – by withdrawal or acquittal application where the evidence allows.
High Court
The gravest charges – murder, rape, aggravated robbery – and appeals from lower courts are heard in the Gauteng Division.
These trials are campaigns: indictments, expert reports, and sentencing that engages minimum sentences. Defence requires counsel experience and full trial preparation.
| Issue | Magistrates’ / Regional | High Court |
|---|---|---|
| Offence level | Less serious to serious | Most serious; appeals |
| Pace | Fast rolls, frequent trial dates | Longer indictments, scheduled trials |
| Sentencing range | Fines to substantial imprisonment | Up to life; minimum sentences |
| Defence focus | Docket gaps, early resolution | Full trial and expert defence |
| Appeal route | To the High Court | To the Supreme Court of Appeal |
The Criminal Process, Step by Step
From arrest to verdict – and after.
Arrest and first advice
The attorney attends, advises on silence and statement rights, and begins the file the defence will run on.
Bail
Police, prosecutor or court bail – prepared, opposed where needed, decided within the 48-hour framework.
First appearance and trial preparation
The charge is put; the defence requests the docket, analyses the State’s evidence, and identifies the gaps.
Pre-trial conferences
The parties narrow issues and disclose expert evidence; weaknesses surface here first.
Trial
The State proves its case; the defence tests it – cross-examination, contrary evidence, argument on the burden never discharged.
Sentence and appeal
On conviction: mitigation. On error: appeal or review within the court’s time limits.
Where Criminal Matters Are Heard in Johannesburg
Venue follows the offence’s seriousness:
- District Magistrates’ Courts – Johannesburg, Randburg, Soweto – lesser offences, first appearances and bail.
- Regional Courts – serious offences with higher sentencing powers.
- High Court, Gauteng Division – the gravest indictments and all appeals.
One team can carry the matter through all three – consistency of counsel is itself a defence asset.
How to Choose a Criminal Defence Attorney
Your liberty is the retainer. Choose on evidence.
- Answers at 2am..Criminal arrests keep no office hours; a defence line that answers is the first credential.
- Docket-driven practice..Ask how early they obtain and analyse disclosure – trials are won from the docket out.
- Trial experience at your charge level..A fraud trial and a DUI trial are different crafts; match the experience to the charge.
- Honest probability talk..No ethical attorney promises outcomes. One who explains the range of realistic results is the professional.
- Verifiable standing..Confirm good standing through the Legal Practice Council.
What Criminal Defence Costs
As a market guide, bail applications commonly run R5,000–R15,000; district-court trials from R15,000–R40,000; serious High Court matters higher with counsel briefed, on hourly rates of R1,500–R4,400.
Otrebski Attorneys scopes each phase in writing – bail, trial, sentence, appeal – so the defence plan and the budget agree. No hidden costs.
Common Mistakes to Avoid
Criminal mistakes are made before the lawyer is called.
How the Scales Route a Bail Application
Offence Category and the Bail Route
| Category | What bail demands |
|---|---|
| Schedule 1 | Police bail at the station, or prosecutor bail. |
| Schedule 5 | A formal, often opposed application in court. |
| Schedule 6 | A court application on proof of exceptional circumstances. |
| Any schedule | Bail is decided within the 48-hour framework. |
Frequently Asked Questions
What should I do if I am arrested?
Say nothing beyond identifying yourself, and contact a criminal defence attorney immediately – Otrebski Attorneys answers an after-hours bail line on 072 779 0866. Anything you say before advice becomes evidence.
Do I have to answer police questions?
No. The Constitution protects the right to silence. Cooperate with procedure – identify yourself, submit to lawful arrest – but make no statement until your attorney has advised you.
What is the difference between a schedule 1 and schedule 6 offence?
The Criminal Procedure Act’s schedules grade offence seriousness, driving bail procedure and the burden it imposes. Schedule 1 offences allow police bail; Schedule 5 and 6 matters require formal applications – and in Schedule 6, proof of exceptional circumstances.
Will a criminal conviction stay on my record?
Yes, until expunged – and expungement is available only for certain minor offences after qualifying periods. A record affects employment, licensing and travel, which is why avoiding conviction is worth fighting for.
Can the case be withdrawn before trial?
Sometimes. Where the docket shows gaps – unlawfully obtained evidence, absent witnesses, inconsistencies – the State may withdraw or the defence may succeed with a discharge application at the close of the State’s case.
What happens at sentencing?
The court hears aggravating and mitigating factors – the offence’s seriousness, your personal circumstances, prospects of rehabilitation. A prepared mitigation case measurably reduces sentences.
Do you defend clients across Johannesburg?
Yes. Otrebski Attorneys defends in the Johannesburg, Randburg, Soweto and regional courts and the High Court from its Sandton office.
How are criminal defence fees structured?
Criminal matters are scoped per phase: bail, trial preparation, trial and sentence, each quoted in writing before it runs, with phased payment plans available. The firm’s payment-plan approach is set out on the criminal defence payment plans page.
