Bail applications
Urgent bail at the first appearance, formal bail applications for Schedule 5 and Schedule 6 offences, bail appeals and changes to bail conditions.
Criminal Lawyer in Cape Town
- Are you looking for a criminal lawyer and attorney in Cape Town?
- Do you or a loved one need help with a pending arrest?
- Have you got questions on the criminal justice system and how it functions?
André Kirsten is a criminal attorney and former state prosecutor, defending clients in Cape Town courts since 2005.
- Don’t let a criminal charge ruin your life.
- André has defended thousands of criminal cases at all levels of court.
- You have nothing to lose and everything to gain.
- Get Justice Now
Peace of mind is a simple click away. Contact us now
30 Years ExperienceTrusted by 1000’s over 30 years
AffordableExpert level defence at most affordable rates
10000+ CasesDefended successfully over more than 2 decades
24/7Availability
Everyone deserves a second chance
Having done nothing wrong and then still being accused of a crime is probably one of the most horrifying things that could happen to a human being. Simply nothing compares to this.
Ensuring that justice is done in dire times such as these, through innovative, out-of-the-box criminal defence strategy and expertise, is but one of the reasons this firm was founded. We are no run-of-the-mill firm, and nothing about us is ordinary.
That being said, we also understand that people make mistakes. Whether it is your mistake or not, it is our core belief that mistakes should not be allowed to destroy lives. However large or small the mistake may be, we believe everyone deserves a second chance. Everybody deserves another opportunity.
We endeavour to create the opportunity for that second chance through every legal means at our disposal: through the creative use of our many years of experience, our specialist expertise and the extensive network of specialists in the field that we work with.
- For the innocentWe assist the innocent to get the justice they deserve.
- For those who made a mistakeWe assist those who have made a mistake to get a fresh lease on life.
Arrested? The 48-hour clock is running
South African law says anyone arrested must be brought before a court within 48 hours. Enter the time of the arrest to see the latest time for the first court appearance.
What to do right now
- Stay silentYou have the right to remain silent (section 35 of the Constitution). Give your name and address, then say you want to speak to your attorney.
- Ask for a lawyerYou may contact a criminal lawyer at once, and the police must let you. Do not sign a warning statement before you have had advice.
- Note the detailsThe police station, the case (CAS) number, the investigating officer’s name and the charge.
- Ask about police bailFor less serious offences the police or the prosecutor can grant bail before court. We can negotiate this by phone.
- Do not pay a fine yetAn admission of guilt fine is a conviction and can leave a criminal record. Get advice first.
What our criminal attorneys handle
As criminal attorneys in Cape Town, we practise criminal law: defending people who are under investigation, arrested or charged, in the magistrates’ courts, regional courts and the Western Cape High Court.
Criminal trials
Full defence at trial: consulting witnesses, getting the police docket, cross-examination and closing argument in district, regional and High Court matters.
Drunk driving (DUI)
A special focus of the practice. Section 65 charges after roadblocks and accidents, including challenges to how blood and breath samples were taken, stored and tested.
Drug charges
Possession and dealing charges under the Drugs and Drug Trafficking Act, including cannabis matters after the 2018 Constitutional Court ruling.
Fraud and commercial crime
Fraud, theft by employees, corruption and money laundering, including cases in the Specialised Commercial Crime Court in Bellville.
Assault and violent crime
Common assault, assault with intent to do grievous bodily harm, robbery and murder, from bail to trial.
Domestic violence
Defending charges and protection order applications under the Domestic Violence Act, handled with discretion.
Sexual offences
Rape, sexual assault and other charges under the Sexual Offences Act, defended with experience in DNA and forensic evidence.
Firearms and abalone
Unlicensed firearm and ammunition charges, and illegal possession of abalone under the Marine Living Resources Act.
Theft and shoplifting
Shoplifting and theft charges, often resolved through diversion or representations so that no criminal record follows.
Withdrawals and diversion
Written representations asking the prosecutor to withdraw the charge, and diversion programmes for first-time offenders.
Plea and sentence agreements
Negotiated agreements under section 105A of the Criminal Procedure Act, when pleading guilty on agreed terms is in your interest.
Appeals and reviews
Appealing convictions and sentences to the Western Cape High Court, and reviewing irregular proceedings.
Criminal record expungement
Applications to remove old convictions from your record once ten years have passed, so that the record stops affecting jobs and travel.
Criminal lawyers and attorneys in every Cape Town court
Your case is heard in the court closest to where the offence happened. Our offices are in Oakglen, Bellville, and we appear across the Cape Town metro and the wider Western Cape, so you keep the same attorney wherever the docket goes. André Kirsten has prosecuted and defended in the Bellville, Cape Town, Stellenbosch and Malmesbury courts.
Arrested outside these areas? Call anyway: we arrange representation throughout the province.
- Western Cape High Court
- Cape Town Magistrates’ Court
- Cape Town Regional Court
- Wynberg
- Bellville
- Specialised Commercial Crime Court
- Goodwood
- Mitchells Plain
- Khayelitsha
- Blue Downs
- Kuils River
- Athlone
- Bishop Lavis
- Atlantis
- Simon’s Town
- Somerset West
- Strand
- Stellenbosch
- Paarl
- Malmesbury
How a criminal case runs
Arrest and the first night
We speak to you or your family by phone, make contact with the police station and, where possible, negotiate police or prosecutor bail.
First court appearance and bail
Within 48 hours. We argue bail, or prepare a formal bail application with affidavits for serious charges.
The docket and representations
We request the police docket, test the evidence and, where it is weak, ask the prosecutor in writing to withdraw the charge.
Trial or agreement
We take the case to trial, or negotiate diversion or a plea and sentence agreement if that serves you better.
Sentence and appeal
If you are convicted, we argue for the lightest sentence the law allows and advise on an appeal to the High Court.
What a criminal lawyer costs
The cost depends on the charge, the court and how far the case goes. We explain it in plain terms and quote before we start, and payment structures are available.
- Bail applicationsQuoted on the phone, including after-hours bail at the police station, so you know the cost before the court date.
- TrialsCharged at a fixed rate per court appearance, never by the hour, with an estimate of the total based on the docket.
- Representations and diversionOften a fixed fee, and frequently the least expensive way to end a case.
If you cannot afford a private attorney, Legal Aid South Africa may represent you for free if you qualify.
Lawyer, attorney or advocate?
People search for a criminal lawyer, a criminal attorney or a criminal defence attorney. In South Africa the words mean slightly different things:
- Criminal lawyer
- The general term for any legal practitioner who works in criminal law. The term loosely refers to a legal practitioner, who could be either an attorney or an advocate.
- Criminal attorney
- The lawyer you call directly. Your criminal attorney takes your instructions, runs the case and appears for you in court, including bail and most trials.
- A criminal attorney has to pass the attorneys’ admission examination, which consists of several papers, and is then admitted as an attorney and entered on the roll of practising attorneys. Every attorney must be registered with the Legal Practice Council. Attorneys hold trust accounts, which are managed and audited.
- Advocate
- A specialist courtroom lawyer, usually briefed by your attorney for complex High Court trials and appeals.
- Traditionally, advocates were associated with the Bar and wrote a specific Bar examination. They did not have trust accounts and were always briefed by attorneys. This has changed: there are now advocates who are still briefed by attorneys and do not have trust accounts, and so-called trust account advocates, who have and manage their own trust accounts. Advocates are now also registered with the Legal Practice Council.
Your criminal defence lawyer and attorney
André Kirsten has worked in criminal law since 1997, on both sides of the courtroom. André started in 1997 with articleship as a defence attorney in the criminal courts of the Northern Cape, then joined the National Prosecuting Authority as a prosecutor in 1998, first in the Eastern Free State and later in the Bellville Regional Court. André ran cases in the district and regional courts and oversaw the investigations of numerous detective branches.
From 2005 to 2016, André defended accused people for Legal Aid South Africa in the Cape Town, Stellenbosch, Malmesbury and Bellville regional courts. Hundreds of trials were dealt with, on charges including murder, rape, armed robbery, fraud and many others. André Kirsten Attorneys opened in 2016, and André has continued to assist clients as a criminal lawyer in that capacity ever since.
- Legal Practice CouncilRegistration number 86949
- Law degree, 1996University of the Free State
- Prosecutor, 1998–2005National Prosecuting Authority
- Defender, 2005–2016Legal Aid South Africa
Questions people ask a criminal attorney
Short answers to what people ask us most. For anything about your own case, call: the first conversation is confidential.
How much does a criminal lawyer cost in South Africa?
The cost of a case is determined largely by the charge or charges the accused faces, and also by where the service has to be delivered. We charge fixed rates per court appearance and do not bill per hour. If a specific service needs to be rendered, we usually provide a quotation for that service, depending on the amount of work required.
As a general rule of thumb, provisional court appearances in the Cape Peninsula (excluding Somerset West, Strand, Stellenbosch and Paarl) are R3 000 per appearance.
A consultation is R1 800, which includes free WhatsApp support afterwards on the same matter, should you need more assistance.
What happens after I am arrested in Cape Town?
You are taken to a police station and detained. You must be brought before a court within 48 hours; if that period ends outside court hours or on a weekend or public holiday, by the end of the next court day. For less serious offences the police or prosecutor may grant bail before your first court appearance.
You can apply for bail at the police station for certain charges. Contact us to assist.
What are Schedule 5 and Schedule 6 offences?
They are lists of serious offences in the Criminal Procedure Act that make bail harder to get. For a Schedule 5 offence you must show that releasing you is in the interests of justice. For a Schedule 6 offence, such as premeditated murder or rape in certain circumstances, you must prove exceptional circumstances. A formal bail application with affidavits and evidence is usually needed.
What is the difference between a criminal lawyer, a criminal attorney and an advocate?
Lawyer is the general word. In South Africa an attorney is a lawyer you can contact directly: they take your instructions, manage the case and appear for you in court. An advocate is a specialist courtroom lawyer who is usually briefed by your attorney, often for High Court trials and appeals.
Should I pay an admission of guilt fine?
Not before getting advice. Bar certain traffic offences, paying an admission of guilt fine is a conviction and will leave you with a criminal record, which will affect jobs, visas, travel and other aspects of your life. Speak to a criminal attorney first; the charge may be defended or withdrawn.
Can a criminal charge be withdrawn?
Yes. Your attorney can make written representations to the prosecutor asking for the charge to be withdrawn, for example where the evidence is weak. First-time offenders may also qualify for diversion, which avoids a conviction.
Certain cases should never have gone to court to begin with. Having a criminal lawyer put your case to the control prosecutor or a senior prosecutor at your first appearance can mean the charge is withdrawn immediately after verbal representations, instead of you having to endure numerous court appearances before it is resolved.
Can I get a criminal record expunged?
For many lesser convictions, yes. Once ten years have passed without a further conviction, you can apply to the Department of Justice to have the record removed. Some convictions, including sexual offences against children, do not qualify.
Do you handle drunk driving cases?
Yes. We act in drunk driving (DUI) cases under section 65 of the National Road Traffic Act, from bail after an arrest at a roadblock to challenging how the blood or breath sample was taken and tested.
Are you available at night and on weekends?
Yes. Most arrests happen outside office hours, so our emergency line, 072 604 5324, is answered at all hours, every day of the year. The office in Bellville is open Monday to Friday, 08:00 to 17:00.
Speak to a criminal lawyer now
For an arrest in progress, phone or WhatsApp the all-hours line. Consultations are in person at our Bellville office, virtual via WhatsApp video, Teams or Zoom, or telephonic.
072 604 5324 André Kirsten Criminal Lawyers Cape Town25 Nelson St, Oakglen, Bellville
Cape Town, 7530, Western Cape
WhatsApp: 072 604 5324
Email: info@criminal-lawyer.co.za
Office: Monday to Friday, 08:00 to 17:00
Phone: all hours, 7 days a week