Question posted in the Criminal Law category relating to KwaZulu-Natal
As mentioned in previous conversations, today I atteneded court for a petty crime of accused theft in Dischem. I waited multiple hours for my apperance in the court for the cleark assistant or whatever you want to name her comes out and calls me to a small little office and tells me they cant proceed with my case because there's no case filed because dischem state attorney did not show. They also made me go and get a refund for my bail and told me i'll be reached out to in the next few moths to tell me if the case will be going forward or not by the detective of the case. With that being said, I'm going back to America in the next 2 months and they suggested that I go to my local police station and tell them that im gouing to the states and that I must provide them with the address that im going to be staying at in the states but with that being said too I spoke to a top lawyer and she stated to me once i actually get a refund of the bail that means the case is actually dismissed and most cases like this dischem or the investergator wont even proceed with the case too she told me that there is no need for me to go to the police to do such of proving an american address and she is determined that the case has been dismissed and there is currently no criminal charges against me or criminal record against me to fault me from going to the states. I did though take finger prints at the station when i got detained so im not too sure how that will work so im just wondering if you able to confirm this for me?
Message from the Lawyer
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I think that this is probably the best outcome that you could have expected for today.
The case has definitely not been dismissed because there has been no finding made by the magistrate in relation to the charges.
Rather what has happened is that the case cannot be enrolled for hearing for a first appearance because the docket was not available or the prosecutor was not available.
The fact that you got your bail money return to you is evidence of this.
I do not think that you should go to speak to the local police station or to the investigating officer to let them know that you are going back to America in the next 2 months because they will then just speed all the documentation through and they will deliver a subpoena to you before you leave.
The subpoena is the document which will require you to appear in court again.
If you leave the country before the subpoena you served on you, then there is not a lot that the police can do in relation to these criminal charges and the charges will no certainly just disappear.
Even if the police had your American address, they would not be able to serve the subpoena on you in America.
My advice is that you put all of this behind you and hope that you never hear from the investigating officer again. If the investigating officer does telephone you about a subpoena, tell him that you are out of the country and living in America.
The chances are that the senior prosecutors will simply close the file on this matter if the police are unable to serve a subpoena on you in the next couple of months.
Message from the client
Message from the Lawyer
No. Your fingerprints will just now form part of the SAPS fingerprints database. But many people's are. No worries.