Criminal litigation is a very interesting area of practice; some say the truth does not matter in court, whilst some say it’s all about what you can prove. At SR NXUMALO ATTORNEYS, we hold the view that your Freedom is of paramount importance; for this reason, we have learned through experience that criminal defense is all about legal tactics and exploiting every possible avenue to ensure the freedom of our client. All our strategies are within the ambit of the rule of law and have been proven to work over the years. Our expertise is limited to the following areas: Bail Applications, Murder related cases, attempted murder cases, extortion, extradition-related cases, white collar crimes, commission of inquiries representations.
Best Criminal Law Defense Attorneys in Sandton
Bail Applications
There are two ways in which a person can get bail, that is, Police Bail and or Bail by a court of law. Police bail is usually referred to as an after-hours bail application. We are generally a very busy law firm, at times we would not be able to attend to after after-hours bail application. Our main focus is on formal bail applications, and or court bail applications.
Bail Schedules
Bail applications have schedules in which the offence falls within; we have schedules 1, 5, and 6. With. The National Prosecuting Authority (commonly referred to as ‘the State’) has the right to oppose bail, irrespective of the Bail Schedule.
What Are Schedule One Offences?
All offences are serious in terms of the Criminal Procedure Act 51 of 1977, because whatever the nature of the offence, the offence carries a term of imprisonment and or a fine; however, with this being said, offences listed under schedule one are much lighter compared to offences listed under schedule 5 and 6. An example of schedule one offences are: Theft, Common Assault, and Possession of Stolen property. The courts are most likely to grant you bail if you are charged with a Schedule one offence, and you do not have any previous convictions. The same cannot be said if you are charged with a Schedule 1 offence and you have a previous conviction.
What Are Schedule 5 Offences?
Schedule 5 offences are much more serious than Schedule 1 offences, but less serious than Schedule 6 offences. These offences are mostly related to assault with aggravating circumstances, robbery, extortion, attempted murder, and murder. This list is not exhaustive. A person can never be granted bail for a Schedule 5 bail at the police station. An accused charged with a Schedule 5 offence has to bring a formal bail Application either by way an Affidavit or lead oral evidence in court ( we do not encourage our client to lead any oral evidence I support of a bail application, a lot can go wrong). The State can lead evidence to show cause why you should not be granted bail. These types of applications can easily turn into a mini trial depending on the following factors: the offence, public outcry, and the status of the applicant ( this list is not exhaustive).
What Are Schedule 6 Offences?
Schedule 6 offences are very serious offences. From the onset, a person requesting bail as per this offence must be patient, because we have to draft an extensive bail application affidavit to support your release on bail, we have to conduct extensive legal research to support your evidence, which you are going to produce before a court. Whether the state opposes your release on bail or not. This bail schedule burdens the Applicant to prove that there are exceptional circumstances which, when considering the interest of justice, permit the release of the accused person. We have a very successful rate on these kinds of applications. Without a doubt, these are definitely mini trials. These applications must be approached with caution because the State will always use your bail affidavit against you during your trial. Some of these offences include Robbery with aggravating circumstances, including the use of a weapon ( firearm, knife, and or dangerous weapon), Murder and or attempted murder, where the victim is an elderly, minor, law enforcement officer. This list is not exhaustive.
We have a successful track record in murder related cases. When the State is prosecuting an accused person charged with Murder, they must prove the following elements (1) the unlawful killing, and (2) the intentional of a human being. The state can not prove one element and neglect the other. Our trial strategy has proven successful defense strategy. No two cases are the same. Each case is different; it is for this reason that, once we have been furnished with the docket contents, we consult extensively with our client and Experts, so that we can formulate the best possible defense. Without a proper defense, an accused charged with this offence, if found guilty, can be committed to a term of life imprisonment.
Unlike Murder, you need not to have killed her person for the State to succeed with this charge. Attempted murder is when a person takes deliberate steps to end someone’s life but fails to complete the act. For the State to succeed with this charge, they must prove (1) Intention, the accused must have had the intention to kill the victim, and (2) Substantial Steps towards the act, the accused must have taken clear and concise action that would have resulted in the victim’s death. Our trial strategy has proven successful defense strategy. No two cases are the same. Each case is different; it is for this reason that, once we have been furnished with the docket contents, we consult extensively with our client and Experts, so that we can formulate the best possible defense. Without a proper defense, an accused charged with this offence, if found guilty, can be committed to a term of life imprisonment.
Extradition applications have increased over the years, and only a few attorneys are skilled to deal this these kinds of applications. Our legal team, have the necessary expertise to oppose these kinds of applications. Extradition is a formal legal process that in unfolds at the High Court, where the accused is expected to be prosecuted for his alleged crimes. An Extradition application is made by a country that seeks that another country surrender an accused person to that country, so that they can prosecute the accused in terms of the laws of that country. If an accused person commits an offence in the United States of America and flees to South Africa. The American government can bring an application in the High Court, where the accused person resides, to seek that he be extradited to the United States in order to answer to his crimes. Both Private and Intentional Law take the center stage; a skilled attorney and an Advocate are required to draft the necessary papers to oppose the Extradition Application, and or to stay the Warrant.
White collar crimes generally refer to crimes that do not result in violence during the commission of the said crimes. A good example of these crimes would be corruption, fraud, money laundering, and tax evasion. This list is not exhaustive. These crimes are very technical in nature, and so is the defense required to overcome these charges. Our firm offers very strategic legal defense in these kinds of matters; we handle high-profile white-collar crimes and regular offenses.
Over the last twenty years, South Africa has witnessed a number of commissions of inquiry. Unlike traditional Criminal Courts, commissions of inquiry are unique to traditional courts.
A commission of inquiry is established by the President of the Republic of South Africa and or by a Premier of a particular Province, to gather information and or investigate a matter of public concern.
Primarily, a commission of inquiry is considered a fact-finding body. The primary obligation of a commission is to investigate, make a finding, and draw recommendations from those findings.
Our firm will assist you with legal representation during the course of the commission. Legal representation entails the following: information gathering, drafting of legal documents, ensuring that your constitutional rights are protected, and assisting the witness in preparing for his/her testimony before the commission. Conduct a mock interview for the witness so that they can have a feel of the proceedings, as they would unfold at the commission of inquiry.