Areas of Practice
Criminal Attorneys Cape Town
Experienced criminal defence attorneys protecting your rights from arrest through to acquittal or sentencing in the Western Cape.
Being charged with a criminal offence is one of the most serious situations a person can face. At VDH Attorneys we provide vigorous, experienced criminal defence representation at every stage of the criminal justice process — from the moment of arrest through to bail, trial and, if necessary, appeal. We treat every client with dignity and fight relentlessly to protect their rights.
What We Handle
South African criminal procedure is governed by the Criminal Procedure Act 51 of 1977. Every accused person has the right to legal representation, the right to remain silent and the right to a fair trial. Our attorneys ensure that these constitutional rights are upheld at every stage of the proceedings.
Bail is often the most urgent issue when a client is arrested. We are available to assist with urgent bail applications and will appear in court as quickly as possible to secure your release pending trial. We are experienced in arguing bail in both the Magistrates' Court and the High Court, including in Schedule 5 and Schedule 6 matters where the onus is on the accused to show that exceptional circumstances exist.
At trial, our attorneys conduct thorough cross-examinations, challenge inadmissible evidence and present the strongest possible defence on your behalf. Where a conviction is unavoidable, we focus on achieving the most favourable sentence possible, including alternatives to imprisonment such as fines, community service or correctional supervision.
Frequently Asked Questions
What should I do if I am arrested?
Exercise your right to remain silent and immediately request legal representation. Do not make any statements to the police without your attorney present. Contact VDH Attorneys as soon as possible so we can assist with a bail application and advise you on your rights.
Can I get bail for any offence?
Bail is available for most offences, but the court has discretion to refuse bail if it is satisfied that the interests of justice require the accused to be detained. For Schedule 5 and Schedule 6 offences (such as murder, rape and robbery with aggravating circumstances), the accused bears the onus of showing that exceptional circumstances justify release on bail.
What is the difference between a district court and a regional court matter?
District courts handle less serious offences and have limited sentencing jurisdiction (generally up to 3 years' imprisonment). Regional courts handle more serious offences and can impose sentences of up to 15 years. The most serious offences are tried in the High Court.
Can I appeal a criminal conviction?
Yes. A convicted person has the right to appeal against both conviction and sentence. Appeals from the Magistrates' Court go to the High Court; appeals from the High Court go to the Supreme Court of Appeal. Our attorneys will advise you on the merits of an appeal and the applicable time limits.