A criminal lawyer in South Africa advises and represents a person who is being investigated, arrested, charged or tried for a criminal offence. The lawyer’s role is to protect the accused person’s rights, assess the evidence, explain the legal risks, prepare the defence strategy and represent the client in bail proceedings, negotiations and court where required.
Some people search for a “criminal defense lawyer”. In South African usage, this is usually called a criminal defence lawyer or criminal defence attorney.
Quick answer: what does a criminal lawyer do?
A criminal defence lawyer helps a suspect or accused person understand the charge, the evidence, the court process and the possible consequences. The lawyer may assist from the first arrest or police interview through to bail, trial preparation, plea discussions, trial, sentence and appeal where appropriate.
The role is not to promise a particular outcome. The role is to make sure the accused person’s rights are protected, the State’s case is properly tested, and every available legal and evidential issue is considered before decisions are made.
What are the main duties of a criminal defence lawyer?
- advise the client on the charge, procedure and immediate risks;
- protect constitutional rights, including the rights of arrested, detained and accused persons under section 35 of the Constitution;
- assist with urgent bail questions where liberty is at stake;
- review the docket, statements, forensic material and other evidence where available;
- prepare representations, plea discussions or trial strategy where appropriate;
- represent the client in court and test the State’s evidence;
- advise on sentence, appeal, record consequences and possible expungement.
What are the types of criminal lawyers?
In simple terms, criminal lawyers fall into two broad groups. A prosecutor represents the State. A criminal defence lawyer represents the accused person or suspect. If you have been arrested or charged, the lawyer you need is a criminal defence lawyer.
Within criminal defence, lawyers may also focus on particular kinds of matters, such as drunk driving, drug possession, assault, theft, fraud, firearms, diversion, unlawful arrest and criminal record expungement.
When should you contact a criminal defence lawyer?
You should get advice as early as possible if you have been arrested, asked to give a warning statement, charged, released on bail, told to appear in court, or contacted by police about a criminal investigation. Early advice can prevent avoidable admissions, missed bail opportunities and poor strategic decisions.
If the issue is immediate arrest or bail, the practical starting point may be urgent bail advice. If the issue is the criminal charge, evidence, trial risk, diversion, sentence or a criminal record, the matter falls more squarely into criminal defence.
How does this fit with bail?
Bail is part of the criminal process. The Criminal Procedure Act 51 of 1977 regulates bail procedure and the court’s enquiry into whether release is in the interests of justice. A criminal defence lawyer may prepare or argue bail, but bail is only one stage of the broader criminal case.
For a broader overview of the criminal process, read our criminal defence guide. If you or a family member has just been arrested, also see our guide on your rights when arrested.