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MTHEMBU & CO ATTORNEYS
Practice Area
Defending the accused in criminal proceedings across all courts.
Criminal law governs offences against the state and the community. When the state, through the National Prosecuting Authority, brings charges against an individual, the accused has the right to legal representation and to a fair trial as guaranteed by Section 35 of the Constitution of the Republic of South Africa.
P A Mthembu Attorneys provides criminal defence representation at all stages of the criminal justice process, from the initial arrest and bail application, through the trial, to sentencing and, where appropriate, appeal. The firm appears in the District Court, Regional Court, and instructs counsel to appear in the High Courts.
The firm handles a range of criminal matters, including assault, theft, fraud, robbery, sexual offences, drug-related offences, domestic violence, and white-collar crime. Each matter is approached with the level of preparation and attention to detail that the stakes demand because in criminal law, the consequences of conviction include imprisonment, a criminal record, and the lasting impact on employment and reputation.
The presumption of innocence is the cornerstone of criminal law. The firm's role is to ensure that the state proves its case beyond a reasonable doubt and that the accused's constitutional rights are upheld at every stage of the proceedings.
What should I do if I am arrested?
You have the right to remain silent, the right to be informed of the charges against you, and the right to legal representation. Do not make any statements to the police without first consulting an attorney. Contact the firm immediately so that we can advise you and, if necessary, attend to a bail application.
How does bail work?
Bail is a mechanism that allows an accused person to be released from custody pending trial, subject to conditions set by the court. The court considers factors including the seriousness of the offence, the strength of the case, and the likelihood of the accused absconding. The firm prepares and presents bail applications to give clients the best chance of release.
What is the difference between the District Court and the Regional Court?
The District Court handles less serious criminal matters and can impose a maximum sentence of 3 years' imprisonment. The Regional Court handles more serious offences and can impose sentences of up to 15 years (or longer for certain specified offences). The High Court handles the most serious offences, including murder and treason.
Can a criminal record be expunged?
In certain circumstances, yes. The Criminal Procedure Act and the National Register for Sex Offenders provide mechanisms for expungement, subject to specific criteria including the nature of the offence and the time elapsed since conviction. The firm can assess whether you qualify.
Whether you need representation or want to understand your options, get in touch.
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