STEP 1:
Remain calm, give your co-operation to the police but do not discuss any merits of the matter with them prior to consulting with your Attorney first. (What is merits? Merits is the facts of the matter, explaining what happened, where it happened and how it happened, your version, etc.)
STEP 2:
If you have access to your phone, phone your Attorney as soon as possible and inform him about your arrest, where you are, what they arrested you for and where they are taking you. If you do not know your Attorney’s number, phone one of your friends or family members instead and ask them to arrange an Attorney for you to apply for bail. Your Attorney will meet you at the holding cells to consult.
STEP 3:
Once you’ve been taken to the holding cells, a SAPS member known as an <Investigating officer= will interview you to complete the charging process by formulating the charge and gathering evidence. It is important at this stage to do as your Attorney advised you. If you are still waiting to see your Attorney you are allowed to inform the investigating officer that you contacted your Attorney and that you are still waiting to see your Attorney before you can make any statements or answer any questions about the merits of the matter. (Important: if the investigating officer asks you questions relating to your identity and your place of residence, you are obligated to give the correct details, just don’t deal with the merits of the matter.)
STEP 4:
Once you made contact with your Attorney, you can do as the Attorney advised you. At this stage you have to wait as your Attorney will begin the process of applying for bail and will try to secure your release.
Author: Jan Smith
Category: 24/7 Bail application assist
Disclaimer: This article and the information contained in this article does not create an Attorney-client relationship and does not constitute legal advice. The article is intended as a general informative guideline only. It is important to consult with your Attorney as soon as possible.