What Should You Do If You Are Arrested in South Africa?
Being arrested can be frightening and confusing. Whether you have been arrested for assault, theft, fraud, a drug-related offence, or another criminal charge, the decisions you make immediately after your arrest can have important consequences.
The first and most important step is to remain calm and exercise your legal rights.
1. Do not resist arrest
If a police official arrests you, do not physically resist or become confrontational. Resisting arrest can potentially result in additional criminal consequences.
If you believe the arrest is unlawful, that issue can be challenged through the appropriate legal process. It is generally better to cooperate peacefully while obtaining legal advice as soon as possible.
2. You have the right to remain silent
You are not required to give the police a detailed explanation of your case simply because you have been arrested.
You should be careful about making statements before you have obtained legal advice. Anything you say may potentially become relevant to the investigation or subsequent criminal proceedings.
You can provide the information that is legally required of you while making it clear that you wish to obtain legal advice before answering questions about the allegations against you.
3. Ask to speak to an attorney
One of the most important things you can do after an arrest is to obtain legal advice.
A criminal attorney can advise you about:
• The reason for your arrest;
• The allegations against you;
• Your right to remain silent;
• The investigation;
• Whether you may be released or should apply for bail;
• What to expect at your first court appearance; and
• How best to protect your legal interests.
If you cannot afford private legal representation, you may be entitled to assistance from Legal Aid South Africa, depending on your circumstances.
4. What happens after an arrest?
Depending on the circumstances, the police may release you on police bail, or you may be required to appear in court.
If you remain in custody, the question of bail may become particularly important.
A bail application is not the same thing as a trial. At a bail hearing, the court considers whether you should be released while the criminal case continues.
The fact that someone has been granted bail does not mean that they have been found innocent, and the refusal of bail does not mean that they have been convicted.
5. Do not discuss your case unnecessarily
After an arrest, it is usually sensible to avoid discussing the allegations with friends, family members, witnesses or other people involved in the matter until you have received legal advice.