Best Criminal Lawyers In Johannesburg

Burger Huyser Attorneys defends criminal matters in Johannesburg from its Linden head office at 49 First Avenue, Randburg (011 888 0246) and across its Johannesburg-metro branches in Sandton, Bedfordview, Roodepoort, and Alberton. The criminal practice, run by admitted attorney Abrie van der Merwe with specialist input from consultant Clinton Shaw, covers the full arc of a matter — 24-hour bail attendance at police stations, formal bail applications at the Johannesburg Magistrate’s Court and the Gauteng Local Division of the High Court, first-appearance representation, plea and sentence agreements, diversion representations, review of admission-of-guilt payments, and full trial defence. The after-hours arrest line is shared across Gauteng on 069 522 7696 and routes to the closest branch.

Why Engage a Specialist Criminal Defence Lawyer in Johannesburg

A criminal matter moves quickly. The first 48 hours after an arrest typically decide whether the accused is released on bail or held in custody, and early procedural mistakes are hard to undo — the wrong statement to a police officer, an admission-of-guilt payment that locks in a criminal record, an unsigned warning-statement challenge that is missed. Johannesburg matters are split across two court levels: the Johannesburg Magistrate’s Court on Marshall Street in the CBD for most Schedule 5 and Schedule 6 offences tried regionally, and the Gauteng Local Division of the High Court at Constitution Hill in Braamfontein for the most serious matters and certain appeals. A defence attorney who regularly appears at both levels understands the local prosecutors’ bail posture and the regional court roster — knowledge that compresses the timeline from arrest to resolution.

What the Service Covers (Scope of Engagement)

The Local Court Layer: Where Johannesburg Criminal Matters Are Heard

The Johannesburg Magistrate’s Court sits on Marshall Street in the CBD and is the regional court for most Schedule 5 and Schedule 6 matters arising in the Greater Johannesburg metro — serious assault, aggravated DUI, drug-dealing charges, and regional-court-grade theft and fraud. One confusion worth clearing up: the regional court jurisdiction sits at Marshall Street, not at the old suburban magistrate’s courts in Wynberg, Randburg, Roodepoort, or Sandton, which still run but do not take regional-court work. The Gauteng Local Division of the High Court sits at Constitution Hill in Braamfontein and hears the most serious matters — murder, attempted murder, rape, organised-crime charges — and certain Schedule 6 bail applications where the State opposes bail.

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

Confirm these at the first consultation, before you sign anything:

• Regular appearance at both court levels. Comfort at the Johannesburg Magistrate’s Court for regional work and at the Gauteng Local Division for serious matters — not only in lower courts.
• 24-hour / after-hours availability. Criminal matters do not keep office hours; an after-hours arrest line and a willingness to attend at a police station in the middle of the night is non-negotiable.
• Honest conversation about prospects. Clients consistently report that the worst experience is being told a matter is straightforward when it is not; the attorney should give a candid read on the evidence and likely outcomes at the first consultation.
• Direct attorney access. The person attending at the police station at 2 a.m. should be the same person running the file.
• Transparent fee conversation. Single-event fee for bail attendance, scope-based fee for full defence — confirmed in writing before the engagement begins.

Burger Huyser’s Linden criminal practice, led by Abrie van der Merwe with Clinton Shaw as specialist consultant, already operates against that checklist: a single point of contact, a Gauteng-wide after-hours line, scope-based fee quotes confirmed in writing, and regular appearance at both court levels.

Practical Considerations: Cost, Timeline, After-Hours

If you or someone close to you has been arrested or is facing a criminal charge in Johannesburg, contact Burger Huyser Attorneys on 011 888 0246 (Linden) or the after-hours arrest and bail line on 069 522 7696 — the line operates across Gauteng and routes to the closest available branch. The criminal practice, led by Abrie van der Merwe (Linden) with Clinton Shaw, handles bail applications at police stations and in court, first-appearance representation, plea and sentence agreements, diversion representations, review of admission-of-guilt payments, and full trial defence at the Johannesburg Magistrate’s Court and the Gauteng Local Division. The firm is rated 4.8/5 across 250+ Google reviews (Trustindex verified, “Top Rated Law Firm in South Africa”) and takes instructions across its Johannesburg-metro branches (Linden, Sandton, Bedfordview, Roodepoort, Alberton).

Frequently Asked Questions

How much does a criminal lawyer cost in Johannesburg?

Fees depend on the scope of work. Bail attendance at a police station is typically a single-event fee; full defence of a regional court matter is scope-based, with a separate brief fee for trial. Burger Huyser Attorneys quotes after the first consultation and confirms the basis in writing before further work begins, so there are no surprises on the account.

I have just been arrested. What should I do first?

Exercise the right to remain silent and ask for a specific criminal defence attorney — do not answer questions, sign warnings, or make any admissions until you have spoken to your attorney. Then call Burger Huyser’s after-hours arrest line on 069 522 7696, which operates across Gauteng and routes to the closest available branch. The attorney will arrange to attend at the police station for the bail process.

Where are Johannesburg criminal cases heard?

Most Schedule 5 and Schedule 6 matters arising in the Greater Johannesburg metro are heard at the Johannesburg Magistrate’s Court (regional court jurisdiction) on Marshall Street in the CBD. The most serious matters — murder, attempted murder, rape, organised-crime charges — and certain bail applications under Schedule 6 are heard in the Gauteng Local Division of the High Court at Constitution Hill in Braamfontein.

What is the difference between bail at the police station and bail in court?

Bail at a police station is decided by the station commander (or a senior officer) under section 59 of the Criminal Procedure Act within 48 hours of arrest and is for less serious matters or where the State is not opposing release. Formal bail in court under section 60 of the Act is required where the State files an affidavit opposing bail or where the charge is more serious; this is decided by a magistrate or judge after argument. A specialist defence attorney handles both.

Can an admission of guilt fine be set aside after it has been paid?

Yes — an admission of guilt payment can be reviewed and set aside under section 106 of the Criminal Procedure Act in appropriate circumstances, including where it was paid under pressure, on a misunderstanding, or where the accused did not appreciate that it would result in a criminal record. Burger Huyser handles these reviews and can advise on whether the facts of a specific matter justify the application.

Does Burger Huyser handle first-time DUI and drug possession matters?

Yes. First-time DUI and drug possession matters are a significant share of the firm’s criminal caseload. Where the matter is suitable, the firm makes written representations for diversion in line with the Criminal Procedure Act’s diversion provisions; a successful diversion means the matter is withdrawn in exchange for a programme or community service, and the client does not acquire a criminal record.