Criminal Defence Lawyer - South Africa

11/06/2025

Avoid the dungeon! It's not Sun City...

09/02/2025

Why You Should Avoid Criminal Lawyers Who Claim to Be “The Best”

In South Africa, the Legal Practice Council (LPC) enforces ethical standards that disallow misleading advertising. Lawyers who label themselves as “the best” criminal lawyer often violate these ethical rules, raising concerns about professionalism and integrity.

Such claims can be misleading, as the legal field is nuanced and subjective. A lawyer’s effectiveness varies based on individual cases, meaning that what is ideal for one client may not be suitable for another. Rather than focusing on undeserved superiority, competent criminal lawyers emphasize their qualifications, experience, and proven results.

Think about it, how do you determine who the BEST CRIMINAL LAWYER is? It’s not a Rugby World Cup Championship with a clear winner or loser. Criminal law is complex, and one set of facts in one case is not the same as another. Cases are usually won or lost on facts, not the law.

The LPC’s rules stress honesty and transparency in legal practice. Exaggerated self-promotion can undermine trust, essential for a strong attorney-client relationship. Clients should look for a criminal lawyer with a solid track record, positive testimonials, and substantial knowledge of South African criminal law, focusing on their communication style and case approach.

In conclusion, steer clear of any criminal lawyer claiming to be THE BEST CRIMINAL LAWYER. Instead, seek a criminal lawyer who adheres to ethical standards and is genuinely committed to providing effective representation in your legal challenges. This choice will ensure you receive trustworthy and competent legal support.

09/02/2025

Understanding the Role of a Criminal Lawyer in South Africa

In South Africa, the role of a criminal lawyer is pivotal in ensuring justice within the legal system. A criminal lawyer specializes in the defence of individuals and organizations charged with criminal conduct.

With the complexities of South African law, having a skilled criminal lawyer can make a significant difference in the outcome of a case.

Criminal lawyers in South Africa navigate various types of crimes, ranging from minor offences to more serious charges. Their expertise not only helps in defending clients but also in providing crucial legal advice.

A criminal lawyer assesses the details of a case, gathers evidence, and prepares a robust defence strategy tailored to each client’s unique circumstances.

Hiring a competent criminal lawyer is essential for anyone facing legal troubles. A criminal lawyer not only defends clients but also negotiates plea deals, represents them in court, and ensures their rights are protected throughout the legal process.

The attorney-client relationship is foundational in building trust and confidence, which is essential during such challenging times.

If you or someone you know is facing criminal charges, do not navigate this daunting process alone. It is essential to have an experienced professional criminal lawyer by your side.

Advocate Higgins is well-versed in criminal law and is committed to providing the strongest defence possible. With a deep understanding of the complexities of the South African legal system, Advocate Higgins can help safeguard your rights and navigate your case effectively

09/02/2025

8 Character Traits of a Good Criminal Lawyer

Choosing the right criminal lawyer can make a significant difference in the outcome of a legal case. Beyond technical skills and professional expertise, certain character traits are essential in a good criminal lawyer. Here are eight key traits to look for:

Integrity: A successful criminal lawyer must uphold high ethical standards. Honesty and integrity build trust, ensuring that clients feel secure in their representation.

Resilience: Criminal law often presents challenges and setbacks. A good criminal lawyer must possess the resilience to navigate difficult situations and maintain determination in pursuing the best possible outcome for their clients.

Empathy: Understanding the emotional toll of facing criminal charges is crucial. An empathetic criminal lawyer can connect with their clients, providing the support and reassurance needed during stressful times.

Confidence: A confident criminal lawyer can advocate effectively in court, presenting arguments and cross-examining witnesses with authority. This self-assuredness can instil confidence in clients as well.

Strong Work Ethic: Criminal law demands diligence and thoroughness. A dedicated criminal lawyer invests the necessary time and effort into preparing a robust defence, leaving no stone unturned in their pursuit of justice.

Persuasiveness: Mastery of persuasion is crucial in law. A good criminal lawyer should be able to persuade High Court Judges, Magistrates, and opposing counsel of the strengths of their case.

Adaptability: The legal landscape can shift rapidly, and new information may arise at any moment. A skilled criminal lawyer must be adaptable, able to pivot strategies, and respond effectively to unexpected developments.

Attention to Detail: Small details can have significant implications in criminal cases. The ability of a criminal lawyer to meticulously review evidence and identify key aspects is essential for building a strong defence.

10/01/2025

Love him or hate him but one thing stands clear like a pole above water: he has some damn good lawyers.

President-elect Donald Trump has been sentenced in a New York state court to an unconditional discharge. Three questions immediately popped up in my mind: (1) what does it mean? (2) who was his legal team? (3) is that kind of sentence possible in South Africa?

1. What does an UNCONDITIONAL DISCHARGE mean in the state of New York?

You are found guilty but there is no jail time, no probation and no fine. The only penalty: you can't own a firearm or vote and you have a criminal record.

2. Who was Trump's legal team?

The lead attorney was Todd Blanche from Blanche Law. It seems that before he took on Trump's criminal case he had to resign from a white-shoe law firm known as Cadwalader, Wickersham & Taft. Wonder why... What is a white-shoe law firm? It is a New York law firm with up-market clientele.

3. Can one get a similar sentence in a South African Court?

First of all, one has to understand that an Unconditional Discharge is a rarity. And the prosecution could still appeal the sentence.

But in terms of South African jurisprudence, no, it's not possible. The closest sentence one can get is a fine or correctional supervision which in both cases mean no jail time but a criminal record. But no jail time is good because after 10 years your criminal record can be expunged.

My aim as a criminal defence lawyer is ALWAYS to put you in the best possible position you can be. I always tell my clients that FEARLESS CRIMINAL DEFENCE also means looking at the big picture, i. e., how do I keep you out of jail even though you might end up getting a criminal record? Just like Trump. He has a criminal record but no jail time.

P. S. If you do jail time in South Africa, you will never be eligible for a criminal record expungement.

22/10/2024

Can you go to jail for not paying child maintenance?

The simple answer is yes, the more complex answer is that it depends on two aspects. I will discuss these two aspects in more detail shortly.

But first, if you are obligated to pay child maintenance, you should take it seriously. Not only is it the right and morally correct thing to do, but it also serves a fundamental purpose: giving your children the means to get ahead in life. Children need a full belly to study, warm clothes to feel protected, and a roof over their heads.
More often than not, divorced parents become obsessed with getting revenge on each other and the tool used so often is complaining, without foundation, that the maintenance is not enough; or not paying maintenance as agreed. They weaponize the maintenance obligations against each other, and the children suffer.

In South Africa, the Maintenance Act 99 of 1998 (“the Maintenance Act”) is the foundation for determining the rights of parents and children regarding maintenance and the relevant procedures to be followed. It also provides in section 31 that not paying maintenance constitutes a criminal offence and if found guilty a prison term of not exceeding 3 years or a fine may be imposed. And our Courts take these offences very seriously.
If you are charged with an offence like this, it is vital that you employ the services of a criminal defence lawyer.

The prosecution will focus on two aspects, namely your MEASNS TO PAY on the one hand and your UNWILLINGNESS TO WORK or MISCONDUCT on the other hand.

1. MEANS TO PAY

The prosecution must prove and allege that the accused had the means to pay. The defence must counter this with a painstaking, detailed, and thorough presentation of evidence showing how and when the accused could not afford the maintenance.
For the defence, overcoming this hurdle renders the battle only halfway won. The war is not over yet.
The PROSECUTION may then present evidence showing that the reason why the accused did not have the money to pay maintenance was either due to UNWILLINGNESS or MISCONDUCT.

2. UNWILLINGNESS OR MISCONDUCT

Examples of unwillingness or misconduct may include the following:

• Resigning from employment without justified cause.
• Failure to make an effort to seek employment.
• Communicating to the complainant that he or she will not work, either to spite the complainant or to exact revenge.

DEFENDING THE CHARGES

As in any criminal case, the PROSECUTION has the onus (the duty) to prove the charges, the accused has no duty to prove his or her innocence. It is therefore important that a criminal defence lawyer challenges the prosecution’s evidence at every stage.

Call now to connect with business.

24/09/2024

What to do when you get arrested?

The most IMPORTANT thing to do is to protect your CONSTITUTIONAL RIGHTS , two of which are the right to silence and not to incriminate yourself and second, the right to speak to a lawyer. Keeping these two rights in mind, I also urge you to keep calm. It is of course very difficult to keep calm when you are dealing with authority that sometimes seems to be arrogant to the point of petulance; but keep calm. Arguing with a police officer or traffic officer next to the road won’t get you anywhere. It is neither the place nor the time; you will get your chance. Keeping calm makes you think clearly, and clarity will help you protect your two constitutional rights mentioned above: silence; and getting a lawyer to come help you. Insist that you need to call a lawyer, if you don’t have one, call a family member or friend and let them do that for you.

The moment you are arrested, you enter a justice system that is slow and at times frustrating. You need to have a lawyer who can manage egos, arrogance and indifference, all of which are part of the human factor once you enter the criminal justice system.
The police will inform you of the reason or reasons for your arrest during or immediately after your arrest. The reasons given will form the bases for the charge or charges against you.

Depending on the charge or charges, you will be entitled to three bail options: (1) you can get bail at the police station by either having a police officer with the rank of sergeant or higher in consultation with the investigating officer grant you bail commonly known as POLICE bail; or (2) a prosecutor may grant you bail at the police station commonly known as PROSECUTOR bail; or (3) you will have to be taken to a Magistrates’ Court for a formal bail hearing.

POLICE AND PROSECUTOR BAIL

If your lawyer is successful in obtaining police or prosecutor bail, you will be released the same day. But you need a lawyer with negotiation and people skills to get the POWER PEOPLE (police officers and prosecutors) to make that decision.
Examples of charges your lawyer may ask POLICE BAIL for, are: common assault (except if it is considered domestic violence) and traffic offences including drunk driving; however, if the assault had inflicted grievous bodily harm, OR there was a threat of assault with a weapon or a threat to inflict grievous bodily harm, OR the assault is considered domestic violence then your lawyer will have to ask for PROSECUTOR BAIL.

If your lawyer is unsuccessful in obtaining either police bail or prosecutor bail, you have the option of going to the High Court on an urgent basis, even after hours, and have a judge hear your case. This is, however, costly and the best advice I can give you is to have a lawyer who can negotiate and WHO CLEARLY understands the dynamic of a police station.

In any event, I will have a more detailed explanation on urgent High Court bail in another installment.

MAGISTRATES' COURT BAIL

If bail at the police station is denied and you don’t want to approach the High Court on an urgent basis, then you will have to wait to be taken to the Magistrates’ Court. This has to happen within 48 hours of your arrest; however, the 48-hour calculation is a bit complicated and there are two aspects that are important in calculating the 48 hours: Firstly, the Magistrates’ Courts are only in session Monday through Friday from 9 a.m. until 4 p.m. So, you can’t be taken to the Magistrates’ Court after 4 p.m. and over the weekends. Secondly, if the 48 hours expire outside of the court’s “business” hours, you will have to wait for the next court day after the expiration of the 48 hours; so, for example, if you get arrested on Wednesday at 5 p.m. the 48 hours will expire on Friday at 5 p.m. which is outside of the court’s “business” hours. Accordingly, you will only be brought to Court on Monday.

It is therefore very important that your lawyer makes sure that if you are entitled to police or prosecutor bail that you are given bail as soon as possible at the police station so that you don’t have to spend days in jail to be taken to the Magistrates’ Court.

Also, for more serious charges like murder and r**e, once arrested you will have to wait to be taken to the Magistrates’ Court because for this kind of charges neither police bail nor prosecutor bail is possible; however, there might be an urgent High Court option. But more on that later.