What to Do If You’re Arrested in South Africa: Your Criminal Defence and Bail Rights Explained

Being arrested is a stressful experience—uncertainty about your rights, the bail process, and securing expert legal representation can make an already difficult situation feel overwhelming. This guide walks you through every step, from the moment of arrest to obtaining bail, and explains how Leandré Theys Attorneys can be your advocate at every turn.

1. Immediate Steps After an Arrest

1. Stay Calm and Comply

   • Keep your composure. Aggressive or non‑cooperative behaviour can lead to additional charges.

   • Provide only your name and address; you are not obliged to answer further questions without legal counsel.

2. Invoke Your Right to Legal Representation

   • Under Section 35 of the Constitution, you have the right to consult with an attorney in private as soon as reasonably possible.

   • Ask explicitly, “I want to consult my attorney,” and demand that police facilitate this.

3. Contact Leandré Theys Attorneys Immediately

   • Our 24‑hour bail team in Johannesburg and Alberton is on standby to guide you through the process and attend to the police station without delay.

2. Understanding Your Rights While in Custody

• Right to Silence: You may remain silent; anything you say can be used in court.

• Right to Medical Attention: If you’re injured or unwell, insist on a medical examination.

• Right to Access Your Belongings: Personal items not lawfully seized must be returned.

Knowing these rights protects you from procedural unfairness and strengthens your case later on.

3. Navigating the Bail Process

3.1 What Is Bail?

Bail is a judicial release, often on conditions and/or a financial guarantee, to ensure your appearance at trial.

3.2 How to Apply for Bail in Gauteng

1. Prepare Your Application

   • Draft founding affidavits explaining ties to the community (employment, family, residence in Alberton).

   • Gather character references, proof of residence, and employment contracts.

2. Court Appearance

   • Your attorney will present the application to the Magistrate’s Court—usually within 48 hours of arrest.

   • Be prepared to explain why you’re not a flight risk.

3. Possible Bail Conditions

   • Reporting to a local police station.

   • Regular check‑ins via phone or electronic monitoring.

   • Surrendering passports or other travel documents.

3.3 When Bail Can Be Refused

• Charges involving serious violence or organised crime.

• Strong evidence indicating a high flight risk.

• Previous breaches of bail conditions.

Even when bail seems unlikely, a seasoned criminal lawyer can argue for a reduction in bail amount or alternative conditions.

4. Building Your Criminal Defence Strategy

1. Case Assessment

   • Review the police docket and evidence.

   • Interview witnesses and assess inconsistencies.

2. Evidence Gathering

   • Obtain CCTV footage, forensic reports, and expert opinions.

   • File urgent applications (e.g., for disclosure of exculpatory material).

3. Negotiations and Alternative Solutions

   • In plea‑bargaining scenarios, negotiate with the National Prosecuting Authority for reduced charges or sentencing.

   • Explore diversion programmes for first‑time offenders.

5. Why Choose Leandré Theys Attorneys

• 24/7 Availability: From arrest through trial, our team is ready to respond at any hour.

• Local Expertise: Based in Alberton, we understand Gauteng courts and policing procedures.

• Track Record: A history of securing favorable bail grants and successful defence outcomes.

• Holistic Support: We guide you through every procedural step—investigations, bail, negotiations, and, if necessary, trial.