Being arrested can be scary and confusing for most people. The most important thing to remember is to stay calm and to comply with the law officials. This is not only important because you will be treated better but it is also important when it comes to your bail hearing.
Let’s take a look at 5 important things to remember when you are arrested:
1. You Have the Right to Remain Silent
Under Section 35 of the South African Constitution, every arrested person has the right to remain silent and not be compelled to make any confession or admission. This means you do not have to answer questions from the police, and anything you say can be used against you in court. It’s wise to politely state that you wish to remain silent until you have legal representation. Remember that complying with an officer does not mean giving a statement!
2.You Must Be Informed of the Reason for Your Arrest
The arresting officer is legally required to inform you promptly of the reason for your arrest. This includes clearly stating the charge or grounds for the arrest in a language you understand. If this is not done, the arrest may be unlawful. It is important that you bring to your attorney’s attention if the arresting officer did not inform you of the reason, even if you were caught in the act.
3.You Have the Right to Legal Representation
You have the right to contact a lawyer of your choice and to consult with them privately. If you cannot afford a lawyer, you are entitled to legal aid provided by the state. You should ask to speak to a lawyer as soon as possible and avoid signing any documents or making statements before doing so. You also have a right to communicate with, and be visited by, the following:
4.You Must Be Taken to Court Within 48 Hours
The law requires that you be brought before a court within 48 hours of your arrest, or on the next available court day if the 48-hour period ends on a weekend or public holiday. If this doesn’t happen, your continued detention may be illegal, and you can challenge it in court or you can instruct your attorney to challenge the police that are holding you.
It is important to note that just because you have appeared in court within 48 hours does not mean you will be released immediately. You must first have a bail hearing and bail must be granted before your release. The state may postpone bail hearings for up to 7 days.
5.You Are Entitled to Humane Treatment
Regardless of the circumstances, you must be treated with dignity. This means you have the right to medical attention if needed, access to basic necessities, and protection from abuse or inhumane conditions while in custody. All detainees are innocent until proven guilty and as such you must be treated as innocent. If your rights are infringed upon, you or your lawyer can lodge a complaint with the Independent Police Investigative Directorate (IPID) or the Human Rights Commission.
As defense attorneys it is not only our job to protect your rights, but to ensure that you are treated respectfully and within the confines of the law at all times. If you need assistance with bail or criminal charges, contact our office now.