If someone get their lawyer to open a fr...

Asked by AnnetteH on 21-08-2020 14:19:09
Question posted in the Criminal Law category relating to KwaZulu-Natal

If someone get their lawyer to open a fraud case against me:

1. Will I receive notice / warning of this?

2. Will there be a summons?

3. What is the procedure?

Further information relating to Question:

what protection do I have how long does it take can I be arrested?

Information Requested by Lawyer

Posted by Att. Patrick on 21-08-2020 14:27:37

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 21-08-2020 14:32:09

Hi there and thank you for your question,

1) Will I receive notice / warning of this? --> No, the person will need to go to SAPS and make a statement against you setting out the crime. The SAPS will then open a docket and an investigating officer ("IO") will be assigned to investigate the complaint. The IO will then come speak to you, or arrest you (if the charges are sufficient) and you'll be asked to make a statement. That's the first time that you will receive notice that somebody has made a case against you.

2) Will there be a summons? --> Not a summons in the normal sense, but you will receive either a warning to appear or you will receive a summons to appear in court on a certain date. The criminal summons looks very different to a civil dispute summons which most people speak about which is served by the sheriff. 

3) What is the procedure? --> Once you appear in court, you will either be released on a warning to appear again or you will need to apply for bail. If you get bail, you will need to appear in court on the assigned date. SAPS will continue to investigate the charges and once they have finished their investigations, the matter will proceed to trial. You'll be asked to plea to the charges (i.e. guilty / not guilty) and the trial will then commence.

You have the right to legal representation which can either be a legal aid attorney or a private attorney. You can choose. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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