Criminal Defense Lawyer Johannesburg

Burger Huyser Attorneys provides criminal defence in Johannesburg, including urgent arrest assistance, police- and court-bail preparation, first appearances, trial work and post-conviction advice. The service is managed from the firm’s head office at 49 First Avenue, Linden, Randburg, on 011 888 0246, with urgent after-hours bail enquiries directed to 069 522 7696. Admitted attorney Abrie van der Merwe handles criminal-law matters at Linden, while criminal-law specialist consultant Clinton Shaw has an assault specialisation.

Why Engage a Specialist Criminal Defence Lawyer in Johannesburg

The first hours after an arrest can affect the bail record, the handling of statements and the preservation of evidence. Section 35 of the Constitution protects an arrested person’s right to remain silent, to consult a legal practitioner and to be brought before a court as soon as reasonably possible. Section 50 of the Criminal Procedure Act 51 of 1977 ordinarily requires an appearance within 48 hours, subject to the rule for periods expiring outside ordinary court hours or on a non-court day.

Johannesburg matters can move between district, regional and High Court processes, so the lawyer must identify the correct venue rather than assume that the bail schedule decides the trial court. Early advice should also be candid: no attorney can guarantee bail, withdrawal or acquittal. Burger Huyser’s stated approach emphasises honest discussions about prospects and costs instead of selling false hope.

What the Service Covers (Scope of Engagement)

• Urgent arrest advice: locating the detainee, confirming the police station and charge, arranging consultation where possible and advising on silence.
• Bail: assessing police bail under section 59, prosecutor bail under section 59A and court bail under section 60, including Schedule 5 and Schedule 6 burdens.
• First appearance and plea: addressing detention and bail, then advising on plea once the charge and available evidence have been considered.
• Defence preparation: obtaining disclosure properly, analysing the charge, consulting witnesses, testing admissibility where justified and preparing for trial.
• First-offender strategy: making representations for withdrawal, suitable diversion or another lawful resolution where the facts and prosecutorial policy support it. Diversion is not automatic, and section 297A does not create a diversion right; it concerns patrimonial loss arising from community service.
• Further remedies: presenting mitigation, advising on appeals or reviews, assessing expungement and separately considering a civil claim for wrongful arrest, detention or search where justified.

The Local Procedural Context: Where a Criminal Case in Johannesburg Actually Runs

An accused who is not released before the first appearance is brought to the lower court allocated according to the arrest precinct and prosecutorial arrangements. Bail, remands and early case management generally begin there. Under section 50(6)(c), a Schedule 6 bail application must be considered by a magistrate’s court, although the Director of Public Prosecutions or an authorised prosecutor may direct that it be considered by a regional court.

Trial venue is a separate question. Section 89 of the Magistrates’ Courts Act 32 of 1944 gives a district court jurisdiction over offences other than treason, murder, rape and compelled rape, while a regional court may try every offence except treason. The Gauteng Division of the High Court, Johannesburg seat, may hear matters prosecuted there and appeals from lower courts, but a Schedule 6 classification does not by itself mean that the trial must take place in the High Court. Appeals require the prescribed process and, where applicable, leave to appeal.

What to Look for When Choosing a Criminal Defence Lawyer in Johannesburg

• Court experience: ask who will appear, whether an advocate may be briefed and how the practitioner handles each relevant court.
• Urgent availability: confirm the after-hours number and what help can realistically be arranged.
• Responsible staffing: establish who takes instructions, prepares bail evidence and remains accountable for strategy.
• Honest advice: avoid promises of release or acquittal before the evidence and client’s history are assessed.
• Clear fees: obtain written details of appearances, counsel, travel, deposits, disbursements and excluded work.
• Local knowledge: the lawyer should verify the court and prosecutor rather than rely on assumptions.

Burger Huyser has an admitted criminal-law attorney at Linden, specialist consultant support and an after-hours bail contact; the practitioner assigned to a file is confirmed during intake.

Practical Considerations: Cost, Timeline, What to Bring

Bail costs depend on the charge, urgency, whether the prosecution opposes release, the evidence required and the number of appearances. A station-level matter generally requires less preparation than an opposed Schedule 6 hearing, but Burger Huyser quotes per file after assessing the instruction rather than publishing a generic price.

First appearance is governed by the 48-hour framework, but bail proceedings may be postponed for information or evidence; section 50 permits postponements of up to seven days at a time on specified grounds. Trial duration varies with investigation, disclosure, representations, court availability, witnesses and complexity, so no responsible lawyer should promise a fixed resolution date.

Bring or provide:

• the accused’s identity document and reliable contact details;
• the charge sheet, summons, written notice, bail receipt and conditions;
• the SAPS CAS number, police station and investigating officer’s details, if known;
• any warning statement and a concise chronology; and
• full details of prior convictions, warrants, pending cases and existing bail.

Comparison Table: Which Court, Which Bail Route, Which Timeline

Charge category	Early venue	Bail route	Timing and merits venue
Qualifying pre-appearance matter	Police station, then allocated lower court	Section 59 police bail may apply; section 59A prosecutor bail applies to specified Schedule 7 offences	Release may occur before first appearance; the offence and jurisdiction, not this label, determine trial venue
Schedule 5	Allocated lower court	Section 60(11)(b): the accused must satisfy the court that the interests of justice permit release	An opposed hearing may require postponement; trial may be in a competent regional court or, where prosecuted there, the High Court
Schedule 6	Magistrate’s court for bail, subject to a written regional-court direction	Section 60(11)(a): the accused must prove exceptional circumstances that permit release in the interests of justice	Preparation and adjudication may take longer; a competent regional court can try serious offences, so High Court trial is not automatic

Frequently Asked Questions

I have just been arrested in Johannesburg — what should I do first?

Remain calm, do not resist or obstruct the police, and ask to consult an attorney. You have the right to remain silent and should obtain advice before making a substantive statement or signing a document. Give the attorney the detainee’s location, arrest time, alleged charge and CAS number if known.

What is the difference between police-station bail and court bail?

Police bail under section 59 is considered before first appearance by an authorised police official for qualifying matters, subject to statutory exclusions. Court bail under section 60 is decided judicially. Schedule 5 and Schedule 6 applications carry the specific burdens in section 60(11).

How much does a bail application cost in Johannesburg?

There is no responsible one-price answer. Cost depends on the charge, urgency, opposition, preparation, evidence, appearances and whether counsel is needed. Burger Huyser assesses the file and provides a matter-specific quotation rather than presenting a station-level matter and an opposed Schedule 6 hearing as equivalent.

Which court will hear my criminal case?

The alleged offence, place of commission and prosecutorial allocation determine the court. A district court has statutory offence limits, a regional court may try all offences except treason, and the Gauteng Division of the High Court may hear matters prosecuted there and lower-court appeals. The bail schedule alone does not determine trial venue.

Can Burger Huyser help with a first-offence DUI or drug possession charge?

Yes. The firm’s criminal-law practice handles DUI and drug-possession matters and can assess evidence, bail, representations and first-offender options. Diversion or withdrawal is not guaranteed; it depends on the charge, record, facts and prosecutorial decision.

What happens after hours if I am arrested at night or on a weekend?

Call Burger Huyser’s urgent after-hours bail line on 069 522 7696. Provide the detainee’s full name, police station, arrest time, alleged charge and case number. The team can assess immediate steps, but release still depends on the authorised official or court and the statutory bail route.

Where is Burger Huyser’s criminal-law office in Johannesburg?

Criminal-law instructions are handled from the head office at 49 First Avenue, Linden, Randburg, 2195. The office telephone is 011 888 0246 and ordinary hours are Monday to Friday, 7:30am to 4:30pm. Urgent after-hours bail enquiries use 069 522 7696.

Can I get my criminal record expunged after a conviction?

Some records qualify under section 271B of the Criminal Procedure Act after 10 years, but not every conviction or sentence is eligible. The sentence, later convictions and any relevant register entry matter. Obtain the SAPS clearance certificate and current Department of Justice form before applying.

If you or someone you know has been arrested or is facing criminal charges in Johannesburg, contact Burger Huyser Attorneys on 011 888 0246 or visit 49 First Avenue, Linden, Randburg. For urgent after-hours bail assistance, call 069 522 7696. The firm was named Best Criminal & Family Law Specialists 2025 in the MEA Business Awards and has a 4.8/5 average from 250+ Google reviews; no result is guaranteed.