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Criminal lawyers in Gauteng defend people accused of offences ranging from minor contraventions to Schedule 6 crimes, apply for bail where the accused is not released on warning, and represent clients in the magistrate’s court — escalating serious matters to the Gauteng Division of the High Court at either its Pretoria or Johannesburg seat. Burger Huyser Attorneys’ criminal law practice handles bail applications (including urgent after-hours matters), case research, and court representation across all Gauteng branches, with admitted attorney Abrie van der Merwe practising from the Linden, Randburg head office and Specialist Consultant Clinton Shaw leading the firm’s assault specialisation. A dedicated after-hours bail line — 069 522 7696 — routes urgent instructions directly to the duty attorney.

What Criminal Lawyers Do (and When You Need One)

A criminal lawyer advises and represents any person accused of a criminal offence — from the moment of arrest or first appearance at a police station, through every court appearance, up to and including trial, sentencing, and any appeal. Defence representation is a constitutional guarantee: section 35 of the Constitution of the Republic of South Africa entitles every accused person to a fair trial, including the right to choose and be represented by a legal practitioner. Where substantial injustice would otherwise result, the State must assign a legal practitioner at State expense, but anyone in a position to instruct a private attorney is entitled to do so.

The situations that most often require a criminal lawyer in Gauteng include:

• Arrest and detention beyond the initial 48-hour period
• Refusal of police bail or release on warning
• First appearance in a magistrate’s court where a plea must be entered and a bail application may be initiated
• Schedule 6 arrests, where the onus at the bail hearing is reversed
• Any matter that escalates to the Gauteng Division of the High Court
• Trial-ready matters, sentencing, and appeals

Reaching a lawyer quickly matters. The procedural rights attached to a first appearance are time-sensitive: a plea is entered, and any bail application must be lodged before the matter is postponed. Even where Legal Aid South Africa is intended for the long-term defence, having a private attorney at the first appearance protects the accused’s rights from the outset.

Types of Criminal Lawyers in South Africa

Type	Role
Defence attorney	Represents the accused at police-station consultations, bail hearings, magistrate’s court trials, and High Court matters
Prosecutor	Employed by the National Prosecuting Authority (NPA) — represents the State, not the accused
Specialist criminal counsel	Senior advocates briefed by the defence firm for serious matters, particularly in the High Court
Bail-focused practitioner	Attorneys who run urgent bail applications, often on an after-hours basis for arrests following police-station detention

Burger Huyser Attorneys operates at the defence-attorney and bail-focused-practitioner end of this table from its head office and branches, and briefs specialist counsel for High Court matters when the charge profile or forum requires it.

Criminal Matters Burger Huyser Handles

The firm’s criminal law practice covers the categories of work that most often bring people into the Gauteng criminal courts:

• Bail applications — including after-hours bail hearings and Schedule 6 bail hearings, where the State bears the onus to show why bail should be refused
• General criminal defence — plea-and-trial matters in the magistrate’s court across Gauteng
• Assault and domestic-related charges — led by Specialist Consultant Clinton Shaw, the firm’s recognised assault specialisation lead
• DUI and traffic offences — including representation at trial and any licence-consequence proceedings
• Theft, fraud, and commercial offences — including matters that escalate to the High Court based on the nature of the charge or the value involved

These categories map onto the work that admitted attorney Abrie van der Merwe and the criminal-law team handle from the Linden, Randburg head office, with cases coordinated through whichever Gauteng branch is closest to the relevant court.

The Criminal Process, Step by Step

1. Arrest or summons. The accused is either taken into custody by the South African Police Service or formally charged and summoned to appear in court on a specified date.
2. First court appearance. The accused is informed of the charge, a plea is entered (usually not guilty), and the matter is postponed for further investigation or trial.
3. Bail application. If not released on warning or police bail, the defence applies for bail in the magistrate’s court. Schedule 6 offences require a formal bail application with a reversed onus.
4. Pre-trial. Discovery, consultation with the State, and possible plea negotiations take place.
5. Trial. Plea, evidence, cross-examination, closing arguments, and judgment.
6. Sentencing. If convicted, the court weighs mitigating and aggravating factors before imposing sentence.
7. Appeal or review. A convicted person with grounds to challenge conviction or sentence may approach the High Court or, further, the Supreme Court of Appeal.

Bail Applications: The Local Procedural Layer

Standard bail is governed by section 60 of the Criminal Procedure Act 51 of 1977. The court weighs the “interests of justice” — including the risk that the accused will abscond, interfere with investigations or witnesses, or commit further offences — against the severity of the anticipated sentence and the accused’s profile.

Schedule 6 and the reversed onus

Schedule 6 of the Criminal Procedure Act lists the most serious offences: murder, rape, armed robbery, certain drug-trafficking charges, and related categories. For these charges, the onus at a bail hearing is reversed. The accused must show why bail should be granted — the State does not have to show why it should be refused.

Conditions and opposition

Bail may be opposed by the State. Where it is, the defence presents evidence and argument for release. The court may impose conditions: reporting requirements, cash deposit, electronic monitoring, or surrender of travel documents.

Urgent after-hours bail

Where detention has already commenced and the matter cannot wait for office hours, the application is brought before the duty magistrate — or, for Schedule 6 matters, the duty judge at the Gauteng Division of the High Court. Burger Huyser Attorneys’ after-hours bail line (069 522 7696) routes these matters directly to the duty attorney, who can attend the relevant court or coordinate with the duty judge as soon as the matter is called.

Where Gauteng matters are heard

Most criminal matters in Gauteng are heard at the regional magistrate’s court serving the area where the alleged offence occurred — for example, the Johannesburg Magistrate’s Court for matters in the Johannesburg central area, the Randburg Magistrate’s Court for matters in the Randburg / Linden / Northcliff area, and the Pretoria Magistrate’s Court for matters in the Tshwane region. Serious Schedule 6 charges escalate to the Gauteng Division of the High Court, which sits at both its Pretoria and Johannesburg seats depending on the regional magistrate’s court of origin. The firm practises from branches across Gauteng — Randburg (head office), Sandton, Roodepoort, Pretoria (Menlyn), Centurion, Bedfordview, Alberton, and Midrand — so criminal instructions can be opened or coordinated at whichever Gauteng location is most convenient for the client. The firm holds memberships in the Johannesburg Attorneys Association and the Pretoria Attorneys Association.

Choosing a Criminal Lawyer: What Matters

The right criminal lawyer is the one whose practice profile matches the matter at hand. The criteria below are widely accepted by practitioners and reviewed in the senior-counsel commentary on section 60 bail applications:

• Trial experience. The attorney should regularly appear in magistrate’s courts and have conducted trials through to verdict — not only bail and postponements.
• Specialisation fit. An attorney who specialises in the relevant charge type (assault, fraud, DUI) brings subject-matter familiarity alongside procedural skill.
• After-hours availability. For arrests and bail matters outside office hours, confirm the firm fields urgent instructions on a 24/7 basis.
• Transparent cost conversation. Bail applications, trials, and High Court matters have very different cost profiles. Fees should be quoted after an initial consultation, not estimated loosely up front.
• Local court familiarity. Gauteng magistrate’s courts (Johannesburg, Randburg, Pretoria) have different procedural rhythms; local familiarity shortens the path from arrest to resolution.

Burger Huyser Attorneys meets each of these criteria at the head office: admitted attorney Abrie van der Merwe runs the criminal-defence practice from Linden, Specialist Consultant Clinton Shaw leads the assault specialisation across Gauteng, the firm fields after-hours bail instructions on 069 522 7696, fees are quoted per matter after an initial consultation, and the branch footprint covers the magistrate’s-court jurisdictions across Johannesburg, Randburg, Pretoria, Centurion, Sandton, Roodepoort, Bedfordview, Alberton, and Midrand.

Practical Considerations: Cost, Timeline, What to Bring

Aspect	What to expect
Cost	Bail applications are typically quoted as a fixed fee. Trials are billed by stage (preparation, plea, evidence, sentencing). High Court matters involve briefing counsel separately and are usually the most expensive category.
Timeline	Bail is usually resolved within days of arrest. Minor matters may be finalised within months. Serious trials can run from six months to several years depending on the charge, trial-date availability, and any interlocutory disputes.
What to bring	Charge sheet or summons, any police documentation, a list of prior convictions (if known), bail conditions if already set, and contact details for any witnesses.

Initial consultations are booked through the head office directly at 011 888 0246, or through whichever Gauteng branch is most convenient for the client.

Frequently Asked Questions

How much does a criminal lawyer cost in Gauteng?

Criminal-law fees depend on the stage and complexity of the matter. Bail applications are usually quoted as a fixed fee; trials are billed by stage; and High Court matters involving briefed counsel are typically the most expensive category. Burger Huyser Attorneys quotes on a per-matter basis after an initial consultation at the Linden, Randburg office (011 888 0246) or whichever Gauteng branch is most convenient for the client.

How do I apply for bail after hours?

After-hours bail applications are made to the duty magistrate or, for Schedule 6 matters, the duty judge at the High Court. Call Burger Huyser Attorneys’ after-hours bail line on 069 522 7696 — the duty attorney will take instructions and arrange attendance at the relevant court to bring the application as soon as possible.

What is a Schedule 6 offence?

Schedule 6 of the Criminal Procedure Act 51 of 1977 lists the most serious offences — including murder, rape, armed robbery, and certain drug-trafficking charges — for which the onus is reversed at a bail hearing. The accused must show why bail should be granted, rather than the State showing why it should be refused.

Do I need a lawyer for a first court appearance?

Yes. Section 35 of the Constitution of the Republic of South Africa entitles every accused person to legal representation, and a first appearance is the point at which a plea is entered and any bail application is initiated. Even where legal aid is intended, having a private attorney at the first appearance protects the accused’s rights from the outset.

Can I be released without bail?

Yes. The police may release an accused on a written warning in less serious matters, and the court may release an accused on warning at the first appearance if the offence and the accused’s profile permit. Where release is refused, a formal bail application is the next step.

What is the difference between a magistrate’s court and the High Court for criminal matters?

Magistrate’s courts handle most criminal matters, with sentencing jurisdiction up to limits set by the Criminal Procedure Act. The High Court handles Schedule 6 offences, matters referred from the magistrate’s court, and any appeal or review from a lower court. Burger Huyser’s criminal practice operates at both levels.

If you or a family member has been arrested, charged, or refused bail, contact Burger Huyser Attorneys’ criminal law team on 011 888 0246 (head office, Linden, Randburg) or the after-hours bail line 069 522 7696 for urgent matters. The practice handles bail applications, magistrate’s court trials, and High Court escalations across all Gauteng branches, with admitted attorney Abrie van der Merwe at the head office and Specialist Consultant Clinton Shaw leading the firm’s assault specialisation. Initial consultations are booked through the head office directly; bring the charge sheet, summons, or any police documentation to the first meeting. 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 Specialist Criminal & Family Law Firm 2022 – Gauteng (MEA Business Awards 2022) and Best Criminal & Family Law Specialists 2025 (MEA Business Awards 2025).