AH Stander and Agenbag Inc. Logo

Criminal Law

CRIMINAL PROCEDURE

AH Stander & Agenbag Attorneys is a firm consisting of competent experienced Defence Attorneys. We are ready and willing to assist!

“… It is not merely of some importance, but of fundamental importance, that justice should be both done and be manifestly seen to be done … The rule is that nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.”

 – Lord Hewart in Sussex Justices (1924)

In terms of the Constitution of the Republic of South Africa everyone is equal before the law and has the right to equal protection and benefit of the law. The Constitution further guarantees the right of every accused to a fair trial, which includes the right to be presumed innocent, to remain silent, not to testify during the proceedings and to adduce and challenge evidence.

Another important right of every accused is the right to a speedy trial. An application in terms of Section 342A of the Criminal Procedure Act may provide appropriate relief for an accused and result in a stay of the proceedings if such an application is based on the right facts and under the right circumstances.

There is little purpose however, for accused to have such rights, if they haven’t briefed an experienced Trial or Defence Attorney who is capable of practically enforcing and protecting such rights. AH Stander & Agenbag Attorneys is just such a firm where you can be rest assured your rights will be protected. 

After you are arrested your trial will not start immediately. If you are being detained you will have to consider bringing an Application to be released on Bail. After Bail is granted or refused the matter might be postponed several times for “further investigation”.  It is at this stage where a well-argued Section 342A application may provide the appropriate relief and stop any injustices in its tracks. You will also be given the opportunity to request disclosure from the state to determine the strength of its case and request further particulars with regards to the charges against you. Preferably this should be done after consultation with your legal representative and with his assistance. At this stage your appointed chosen Defence Attorney from AH Stander & Agenbeg Inc. will formulate a trial strategy.

It is most definitely in any accused best interest to be represented by an experienced and competent Trial Attorney during this stage of the prosecution. AH Stander & Agenbag Inc. we  will ensure that every legal factor is carefully scrutinised and matched against the facts of your particular matter. A Legal Strategy will be formulated for your defence and same will executed with commitment, excellence and confidence.

Do not fall in the trap of appointing an attorney not conversed with Trial and Criminal Defence. You need a special type of Attorney who is willing to descend the trenches and defend you with his whole being.

Looking for legal advise and expertise you can trust?