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What to do if you are arrested

Tips if you are arrested in South Africa

Know what to do if you are arrested. It could make all the difference.

Being arrested is scary, but it’s important to avoid making matters worse. Especially if you’ve never been arrested before, it’s a very frightening experience. But it is within your power to limit the damage, and not to make matters worse. Remember these tips to ensure the best possible outcome to a difficult situation. 

  1. Do not resist arrest, whatever the circumstances, and that includes believing you are not guilty of any offence. Resisting arrest can have serious consequences. You may even experience physical harm. You can deal with wrongful arrest later.
  2. Don’t try to talk your way out of the arrest or explain yourself. It won’t work. The police have to follow procedure. You have the right to remain silent. Use it! Avoid incriminating yourself. Don’t say anything until your attorney is present. Tell the police you will speak in court.
  3. Make a mental note of everything that happens. You have constitutional rights and your rights must be read to you. Legal process must be followed and if the police fail to follow correct procedure, it may help your defence. Stay alert and observe your situation closely, even if it is late at night and you are tired or under the influence of alcohol.
  4. If you are with a friend and they are not arrested, give them your valuables for safekeeping. They may also be able to call your attorney and notify your family. If you are alone, you will be allowed to make a phone call. Call your attorney, if you have one, who will be able to arrange bail and notify your family. Otherwise, contact a reliable friend or family member who can organise bail with your attorney. 
  5. Arrange bail through an experienced attorney. The nature of the offence has a huge influence on your bail application. A minor offence won’t pose a problem, and the onus is on the State to prove why you should not be granted bail. However, if it is a serious offence, the onus shifts to you as the accused to show why you should be released. An attorney with extensive experience of bail matters is vital for the best chance of release.
  6. Once you have been granted bail, someone will have to pay the bail amount before you are released. Keep the original bail receipt in a safe place because your bail will not be refunded without the original receipt. There are no copies.
  7. Arrange a consultation with your attorney as soon as possible, while everything is fresh in your mind. Tell them everything that happened and work out a strategy. You will be given a court date, but in all likelihood the matter will be postponed for further investigation. If the state prosecutor decides there is a case to answer, your attorney will obtain a copy of the contents of the docket to begin preparing your defence.

Avoid being arrested, but save our number just in case

Cape Town attorneys SD Law & Associates are experts in bail and criminal defence. If you are arrested, contact criminal defence lawyer Simon Dippenaar on 076 116 0623. Save the number in your phone…better safe than sorry.

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Disclaimer

The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.