I was arrested for rape of a man a drug ...

Asked by the Customer on 08-09-2021 19:53:16
Question posted in the Criminal Law category relating to Northern Cape

I was arrested for rape (of a man - a drug addict from a rehabilitation center that I managed) on 9 July 2021, After a succesful formal bail apllication for a schedule 6 offence and after weeks of enquiry was released on the 28 August.

From release to present I have had no legal representitive due to financial constraint. The bail conditions did not help the situation as I have no vehicle at present, I was placed under house arrest and had to sign into the police station twice a day and my travel from the Eastern Cape to Hanover in the Northern Cape every 4-6 weeks for almost a year combined with Covid  meant that I ulimatley moved to De Aar to be closer to the courts in order to save money for an attorney. On the 16 July I got my bail conditions relaxed and am not under house arrest any longer and sign in now twice a week. On Friday the 10th I am appearing in Hanover and part of what the regional court magistrate said was that she would move the trial to De Aar.

I have not yet seen the formal charges or even a docket although I have requested this on many occasions. 

I have no idea how to proceed without council advising me and the legal aid alternative frightens me as I have seen first hand the difference a private attorney can make in contrast to waiting trial and seeing the fate of those with a state attorney.

I cannot understand how this goes from bail to trial, surely there must be other procedures beforehand, like getting the docket, dicovery, motions and more.

What motions can I file to get more time to prepare financially and legaly with regard to preparing for a trial; that could be a life sentence if I am found guilty.

Ant and all advice would be appreciated.

Message from the Attorney

Posted by Att. Patrick on 10-09-2021 13:19:32

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

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Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

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