Criminal Lawyers in Johannesburg: Expert Defence for All Offences

Burger Huyser Attorneys provides criminal defence across Johannesburg, from urgent advice after arrest and bail preparation to plea, trial and post-conviction proceedings. The practice works from the Linden, Randburg head office and branches across the metro, with criminal-law matters handled by a team that includes Specialist Consultant Clinton Shaw, whose focus includes assault matters, and admitted attorney Abrie van der Merwe at Linden.

Why Engage a Specialist Criminal Defence Lawyer in Johannesburg

The period immediately after arrest can shape the rest of a criminal case. An arrested person must decide how to exercise the right to remain silent, prepare for the first court appearance and place accurate information before the court if bail is contested. Early advice also helps to preserve documents, identify witnesses and avoid informal statements that could later form part of the evidence.

A specialist criminal lawyer understands the different burdens that apply in ordinary, Schedule 5 and Schedule 6 bail proceedings, as well as the practical demands of a busy lower-court roll. Burger Huyser’s dedicated criminal-law team and after-hours intake capability provide focused assistance at this time-sensitive stage.

What Criminal Defence Services Cover

The scope of an instruction depends on the charge and procedural stage. Burger Huyser Attorneys can assist with the following criminal defence services:

Criminal defence services available in Johannesburg

Service	What the engagement may include
Bail applications	Preparation for the first appearance, opposed or unopposed bail proceedings, evidence supporting release and appropriate bail conditions.
Schedule 5 and Schedule 6 bail	Advice on the evidential burden under section 60(11) of the Criminal Procedure Act 51 of 1977 and preparation of the facts needed to address that burden.
Police-station advice	Guidance before charge or a warning statement, including the constitutional rights to silence and legal representation.
Magistrates’ court defence	Plea advice, representations, trial preparation, evidence, cross-examination and mitigation of sentence.
High Court defence	Representation in matters allocated to the Gauteng Local Division, Johannesburg, including briefing counsel where appropriate.
Case preparation	Analysis of the State’s case, witness consultations, legal research and preparation of plea explanations or trial bundles.
Appeals and reviews	Advice on leave to appeal, petitions or review proceedings where the facts and applicable law provide a basis.

Common Charges Handled in Johannesburg

Every charge requires a defence based on its elements and evidence. The firm’s criminal-law work includes:

• driving under the influence and excessive blood- or breath-alcohol charges under section 65 of the National Road Traffic Act 93 of 1996;
• common assault and assault with intent to cause grievous bodily harm;
• theft, housebreaking, robbery and aggravated robbery;
• fraud, theft by false pretences and other commercial-crime allegations;
• criminal complaints connected to domestic violence, distinct from civil protection-order proceedings;
• serious offences listed in Schedule 5 or Schedule 6 of the Criminal Procedure Act; and
• sexual-offence allegations, for which instructions are assessed case by case.

Clinton Shaw’s assault focus gives Burger Huyser a dedicated resource for matters ranging from common assault to more serious assault charges.

The Local Criminal Court Layer: Where Johannesburg Matters Are Heard

Most arrested people first appear in a lower court serving the area connected to the alleged offence. The Johannesburg Magistrate’s Court is at the corner of Fox and West Streets, Ferreirasdorp. Other Johannesburg-metro matters may be allocated to courts such as Randburg or Roodepoort, depending on jurisdiction and prosecutorial allocation.

Typical court path for a Johannesburg criminal matter

Stage	Usual forum	Key point
First appearance and bail	Magistrate’s court or regional court	An arrested person must generally be brought to a lower court within 48 hours, subject to the court-day rule. Schedule 6 bail is considered by a magistrate’s court unless the Director of Public Prosecutions directs that a regional court consider it.
Trial	District court, regional court or High Court	The forum depends on the offence and statutory jurisdiction. Regional courts hear many serious charges; the most serious matters and those not assigned elsewhere may be heard in the High Court.
High Court proceedings	Gauteng Local Division, Johannesburg	The Johannesburg seat is at the corner of Von Brandis and Pritchard Streets in the CBD.

What to Look for When Choosing a Criminal Lawyer in Johannesburg

• Focused criminal-law experience: choose a practitioner who regularly prepares bail and trial matters.
• Lower-court and High Court capability: the team should be able to follow the matter if its forum changes.
• After-hours responsiveness: confirm how urgent instructions are taken when the office is closed.
• Direct access and continuity: the person appearing should understand the charge, instructions and bail evidence.
• Transparent fees: ask what the quote covers and whether counsel, experts or later trial days are separate.
• Realistic advice: no attorney can guarantee bail, acquittal or a particular sentence.

Burger Huyser Attorneys combines a named criminal-law team with Johannesburg-area branches, a 4.8/5 average from 250+ Google reviews and recognition as Best Specialist Criminal & Family Law Firm 2022 – Gauteng and Best Criminal & Family Law Specialists 2025 in the MEA Business Awards.

Practical Considerations: Cost, Timeline and What to Do

Practical expectations for a criminal defence instruction

Issue	What to expect
Fees	Fees depend on the charge, court, number of appearances, trial length and whether counsel or an expert must be briefed. Burger Huyser quotes per file after a conflict check and initial assessment; request written clarity on inclusions and exclusions.
Bail timing	Bail may be addressed at the first appearance, but the court may postpone proceedings for up to seven days at a time in circumstances listed in section 50(6)(d). Schedule 5 and Schedule 6 applications usually require more preparation.
Case timeline	A trial may take months or longer because investigations, disclosure, legal representations and court-roll availability vary. A responsible attorney should update the estimate as the file develops.

What to Bring to the First Consultation

1. The charge sheet, written notice, summons or SAPS case number.
2. The accused person’s identity document and current residential address.
3. The police station and arresting or investigating officer’s details.
4. Copies of any warning statement or document already signed.
5. Potential witnesses’ names and contact details.
6. Proof of employment, family responsibilities and community ties for bail preparation.
7. Full details of previous convictions, pending charges, existing bail and relevant protection orders.

Contact Burger Huyser Attorneys for Criminal Defence

If you or a family member has been arrested, call the dedicated after-hours bail line immediately. During office hours, contact the branch most convenient to you for a conflict check, an initial assessment and a transparent discussion of the proposed scope and fees.

Johannesburg-area criminal-law contact numbers

Contact point	Telephone
After-hours bail line	069 522 7696
Randburg head office, Linden	011 888 0246
Sandton, Bryanston	011 253 3080
Bedfordview	011 201 7190
Midrand	010 022 4082
Roodepoort, Helderkruin	011 668 0030
Alberton	011 439 3990

Frequently Asked Questions

How much does a criminal lawyer cost in Johannesburg?

Fees depend on the charge, court, anticipated appearances, trial length and whether counsel or an expert is required. Burger Huyser Attorneys quotes per file after an initial assessment and conflict check. Ask for a clear written explanation of what the quote includes before confirming the instruction.

What is the after-hours bail number, and does it cover Schedule 6 arrests?

The after-hours bail number is 069 522 7696, and Burger Huyser Attorneys takes urgent instructions involving Schedule 6 arrests. The line enables early advice and preparation; the actual first appearance and bail hearing remain subject to the Criminal Procedure Act and the court’s sitting arrangements.

Which Johannesburg court will my matter be heard in?

The correct court depends on the alleged offence, arrest location and prosecution allocation. Most cases begin in a magistrate’s or regional court serving the relevant area. A Schedule 5 or Schedule 6 classification affects bail but does not automatically transfer the trial to the Gauteng Local Division of the High Court.

Can Burger Huyser defend me if I am charged with assault?

Yes. Burger Huyser Attorneys’ criminal-law team includes Specialist Consultant Clinton Shaw, whose focus includes assault matters. The team assesses the exact charge, available evidence, bail position and potential plea or trial strategy before advising on the appropriate defence.

Do I need a lawyer at the police station before I have been charged?

You may consult a lawyer before charge. Section 35 of the Constitution protects an arrested person’s right to remain silent and a detained person’s right to choose and consult a legal practitioner. Request legal advice before making a warning statement, confession or admission.

Will my matter go to trial or can it be resolved earlier?

A criminal matter can sometimes end before trial through a prosecutorial decision, successful representations, a guilty plea or a plea-and-sentence agreement under section 105A of the Criminal Procedure Act. The lawful option depends on the evidence and instructions, and no resolution should be accepted without advice on its consequences.