Criminal Defense Lawyer Fourways

A Fourways-area criminal defence lawyer handles the full arc of a criminal matter — bail applications (including after-hours emergency bail for Schedule 5 and 6 offences), first appearances and pleas at the Randburg or Sandton Magistrate’s Court, and trial defence at the Gauteng Local Division of the High Court in Johannesburg. Burger Huyser Attorneys fields criminal defence work through its Criminal Law practice, with the nearest intake point being its Sandton branch at Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191 (011 253 3080, after-hours 064 555 3358). The Sandton office works in coordination with the firm’s other Gauteng branches and runs after-hours bail instructions directly through its criminal-law mobile line.

Why Engage a Specialist Criminal Defence Lawyer for a Fourways Matter

The first hours after arrest determine the trajectory of the matter — whether the accused is released on bail, what conditions attach, and how the prosecution positions the file all hinge on early representation.

The South African Constitution guarantees the right to a fair trial and related protections for accused persons under section 35, including the right to remain silent, the right to choose and consult with a legal practitioner, and the right to have a legal practitioner assigned by the state at state expense if substantial injustice would otherwise result. A specialist makes those rights operational from the SAPS charge office through to the trial court.

Fourways sits inside the City of Johannesburg metropolitan policing area, with matters typically remanding through the Randburg or Sandton Magistrate’s Court before any High Court appearance. A lawyer who practises regularly in those courts knows the local prosecutors, magistrates, and presiding patterns.

After-hours bail capability is a practical difference between a general practitioner and a criminal-defence specialist. Schedule 6 offences — which include murder, aggravated robbery, certain rape charges, and drug dealing — require a formal bail application, often out of hours, where police bail is unavailable. Early intervention frequently resolves matters before trial, since representations to the prosecutor on charge reduction, diversion, or withdrawal can save the accused a court appearance entirely when properly framed.

Burger Huyser Attorneys’ Sandton branch fields this kind of work directly for the Fourways area, with the firm’s Criminal Law practice led at consultant level by Clinton Shaw (assault specialisation) and supported by admitted attorney Abrie van der Merwe at the Linden office.

What the Engagement Covers (Scope of Criminal Defence)

The scope of a criminal defence engagement runs from the police-station consultation through to post-conviction relief. The table below sets out each stage and what it typically involves.

Stage	What the lawyer does	Statutory / procedural anchor
Police-station consultation and rights advisement	Attends the Fourways SAPS charge office or the holding facility to which the accused has been moved; advises on the right to silence; protects against self-incriminating statements	Constitution, section 35(1)(c) and 35(2)
Bail application	Prepares and argues the bail application, in or out of hours, including Schedule 6 applications where the State bears the burden of showing why bail should be refused	Criminal Procedure Act 51 of 1977, Schedule 5 and Schedule 6
First appearance and plea in the magistrate’s court	Enters a plea, applies for postponements where dockets are not yet ready, confirms the trial-ready date	Criminal Procedure Act, sections 39, 40 and 119
Pre-trial engagement with the prosecution	Requests the docket; drafts representations to the Senior Prosecutor / Director of Public Prosecutions for withdrawal or charge reduction; negotiates plea-and-sentence agreements where appropriate	Criminal Procedure Act, section 105A
Magistrate’s court trial defence	Plea explanations, cross-examination of State witnesses, argument on conviction and sentencing	Criminal Procedure Act, section 159
High Court trial defence	Trial-ready preparation and representation in the Gauteng Local Division (Johannesburg seat) for Schedule 5/6 matters or matters transferred up on appeal	Constitution, section 35(3); Criminal Procedure Act, Chapter 31
Post-conviction work	Applications for leave to appeal, appeals to the full court, and petitions to the Minister of Justice for remission of sentence where warranted	Criminal Procedure Act, sections 309–317; section 327

The Local Court Layer: Where a Fourways Matter Is Heard

Most Fourways-area criminal matters originate at the Fourways SAPS or the nearby Sandton, Randburg, or Douglasdale police stations, and are then enrolled in the magistrate’s court serving the area of the alleged offence. The court below summarises the venues a Fourways matter will typically move through.

Venue	Address	Matters heard here
Sandton Magistrate’s Court	138 West Street, Sandown, Sandton	Regional / serious-misdemeanour matters originating in the Fourways–Sandton policing belt
Randburg Magistrate’s Court	45 Hill Street, Randburg	Regional / serious-misdemeanour matters remanding from the Randburg side of the metropolitan area
Gauteng Local Division of the High Court, Johannesburg seat	Cnr Pritchard and Kruis Streets, Johannesburg	Schedule 5 and Schedule 6 matters referred up from the magistrate’s court; trials on the more serious end of the schedule list
Johannesburg Magistrate’s Court (after-hours court)	80 Albert Street, Marshalltown	Schedule 6 bail applications heard out of hours and on weekends — the route to avoid an accused sitting in custody until Monday morning

The Criminal Procedure Act and its Schedules govern which offences fall into Schedule 5 and Schedule 6 (which require formal bail) versus Schedule 1 to 3 (where police bail is more readily available). After-hours bail for Schedule 6 offences typically runs through the Johannesburg Magistrate’s Court’s after-hours court at 80 Albert Street, Marshalltown, and a specialist who can move on an out-of-hours instruction across any of these venues is the difference between release and an extended weekend in custody.

Categories of Offences Typically Defended

The table below lists the categories of criminal matters most commonly defended from the Fourways area. The categories overlap (a single file can include several charges from different categories), but each reflects a recognisable prosecution pattern at the Randburg/Sandton Magistrate’s Courts.

Category	Examples	Principal statute / framework
Violent and contact offences	Assault (grievous and common); domestic violence; robbery (including aggravated robbery); sexual offences	Common law; Domestic Violence Act 116 of 1998; Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Drug-related matters	Possession, dealing, or manufacturing — ranging from Schedule 6 trafficking charges to lesser possession matters handled in the magistrate’s court	Drugs and Drug Trafficking Act 140 of 1992
Driving under the influence	DUI / drunken driving — often resolved with a fine and licence suspension at first appearance, escalating where injury or prior convictions are involved	National Road Traffic Act 93 of 1996, section 65
Fraud and commercial crime	Theft, fraud, forgery, and uttering — frequently complex given the documentary scope	Common law; Criminal Law (Forensic Procedures) Amendment Act
Property and economic offences	Theft of motor vehicles, theft by general dealer, malicious damage to property, contraventions of statutes such as the Customs and Excise Act	Common law; Customs and Excise Act 91 of 1964
Bail applications as a stand-alone service	Retained solely for the bail hearing, where the merits of the main matter are not yet at issue	Criminal Procedure Act, sections 59–65

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

When choosing a criminal defence lawyer for a Fourways matter, the criteria that matter most are:

• Established criminal-law practice, not occasional criminal work — criminal defence should be a core practice area, not a one-off offering bolted on to a general practice.
• After-hours bail capability — confirm the mobile/after-hours line is staffed out of hours, since most arrests and bail needs arise outside office hours; the after-hours line should be a senior attorney’s direct line, not a switchboard.
• Magistrate’s court and High Court experience — a lawyer who practises in both the Randburg/Sandton Magistrate’s Court and the Gauteng Local Division (Johannesburg seat) can run the file through its full arc without a hand-off.
• Section 35 constitutional rights literacy — the lawyer should be able to advise clearly on the right to silence, the right to legal representation, and the practical do’s and don’ts at the police station.
• Transparent engagement structure — fees should be quoted by stage (police-station consultation, bail application, magistrate’s court appearance, trial) rather than as an open-ended estimate.
• Local knowledge of the Randburg/Sandton prosecution environment — patterns of bail opposition and prosecutorial appetite for non-trial resolutions are local, and a lawyer who practises there regularly reads them better than an outsider parachuted in.

Burger Huyser Attorneys meets this profile through its Criminal Law practice, with the Sandton branch carrying direct after-hours bail capability on 064 555 3358 and routing Fourways-area files through the firm’s broader Gauteng bench.

Practical Considerations: Cost, Timeline, What to Bring

Cost

Fees depend on stage and complexity: a standalone bail application is structured differently from a multi-day trial defence. Burger Huyser Attorneys’ Criminal Law practice quotes per file after the initial consultation, with fee structures set by engagement stage rather than a single global estimate. The firm does not provide an upfront number before a matter has been assessed — a recurring feature of the firm’s client-care approach, drawn out in published client feedback.

Timeline

Stage	Typical timeframe
Bail application (Schedule 1–5)	Usually within 24 to 72 hours of arrest; longer where the State opposes or the charge is Schedule 6
First appearance at the magistrate’s court	Typically 1 to 7 days after arrest
Docket made available	Generally within 28 days, after which a trial date is set
Defended matter in the magistrate’s court (from first appearance to trial)	Typically six to twelve months where the matter proceeds to trial

What to bring to the first consultation

• The charge sheet or summons
• The SAPS CAS number
• A copy of any bail conditions already set
• Identity document of the accused
• Any witness information or supporting documents — employment confirmation, family responsibilities documentation, prior clean record, and character references are particularly relevant when preparing a bail application

If you or a family member has been arrested or charged in the Fourways area: contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080, or the after-hours criminal-law mobile line on 064 555 3358 (active out of hours and on weekends, including for Schedule 6 bail applications that cannot wait for Monday morning). The Sandton office is at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191, and fields criminal defence work across the Gauteng metropolitan area in coordination with the firm’s other Gauteng branches. Bring the charge sheet or summons, the SAPS CAS number, the identity document of the accused, and any bail conditions already set to the first consultation — and call before attending if a colleague or family member is in custody, so the bail application can be prepared before the first court appearance. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified, “Top Rated Law Firm in South Africa”) and was recognised as Best Criminal & Family Law Specialists 2025 at the MEA Business Awards.

Frequently Asked Questions

How quickly can a criminal defence lawyer respond to an arrest in Fourways out of normal hours?

Most arrests and bail applications arise outside normal business hours. Burger Huyser Attorneys routes after-hours bail instructions through its criminal-law mobile line (the Sandton branch’s after-hours number is 064 555 3358 — also serving other Gauteng branches). A senior criminal practitioner typically responds within an hour of the call and attends the relevant magistrate’s court — the Johannesburg after-hours court at 80 Albert Street, Marshalltown, for Schedule 6 work, or the Randburg or Sandton court for weekend remand extensions — once the file is taken on.

What is a Schedule 6 offence, and why is it different from other criminal charges?

Schedule 6 of the Criminal Procedure Act 51 of 1977 lists the most serious offences — including murder, aggravated robbery, certain rape charges, drug-dealing charges above defined thresholds, and certain forms of violent organised crime. Schedule 6 matters require a formal bail application before a magistrate (police bail is not available), and the State bears the burden of showing why the court should refuse bail. An experienced criminal defence lawyer is essential for a Schedule 6 application since the test and the evidentiary burden differ materially from Schedule 5 and lower schedules.

How much does a criminal defence lawyer in the Fourways area cost?

It depends on the stage and complexity. A standalone bail application is structured differently from a contested trial; a SAPS-station consultation is a smaller engagement than full representation in the Gauteng Local Division. Burger Huyser Attorneys quotes per file after the first consultation rather than at first contact, with engagement stages set out so that the client can plan around them — and the firm is consistent about not quoting a single upfront number before the matter is assessed.

Where is the nearest Burger Huyser office to Fourways, and what are the hours?

The Sandton branch, at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191 (tel 011 253 3080, after-hours 064 555 3358), is the practical first point of contact for Fourways-area clients — it sits within normal range from Fourways and fields after-hours bail instructions. The office is open Monday to Friday, 7:30am to 4:30pm, with the after-hours line active out of hours and on weekends.

Can I get legal representation at the police station before I have been formally charged?

Yes — the constitutional right to consult with a legal practitioner of choice (section 35(2)(b) of the Constitution) attaches from the moment of detention, whether or not a charge has been formally preferred. Police must halt an interrogation pending the lawyer’s arrival and must advise the detained person of both the right to remain silent (section 35(1)(c)) and the right to legal representation. Burger Huyser Attorneys attends police stations across the Gauteng metropolitan area on a 24/7 basis for detained clients.

Will the matter go to court, or can it be resolved before trial?

Many criminal matters resolve before trial through pre-trial representations to the prosecutor — including withdrawals on technical deficiencies, charge reductions, section 105A plea-and-sentence agreements, or diversions for less serious matters. The route taken depends on the strength of the State case, the client’s prior record, and the nature of the charge. A specialist reviews the docket before committing to trial rather than negotiating from a position of default.