Criminal Lawyers in Gqeberha (Port Elizabeth)
Bail Applications • Criminal Defence • 24/7 Emergency Legal Help
Arrested or Facing Charges in Port Elizabeth (Gqeberha)?ο»Ώ
If you or someone close to you has been
arrested, detained, or facing criminal charges in the Eastern Cape, time matters.
Pauw Attorneys acts immediately to:
- Secure your lawful release on bail,
- Protect your constitutional rights from the moment of arrest, and
- Build a
strong, evidence-based defence
from day one.
Our attorneys appear weekly at Humewood, Mount Road, Motherwell, and Uitenhage Police Stations, as well as Gqeberha Magistrates’ Court and Regional Court.
24/7 URGENT LINE: +27 83 554 8776
Email: preesen@pauwattorneys.co.za
Address: 74 Kragga Kamma Rd, Sunridge Park, Port Elizabeth (Gqeberha)
Book a Same-Day Consult
Why Choose Pauw Attorneys for Criminal & Bail Matters
- Local, Rapid Response — 24/7
We act immediately at police stations and courts throughout Gqeberha, Port Elizabeth, and surrounding areas. - Experienced Bail Lawyers, Day and Night
After-hours arrests, weekend detentions, and urgent first-appearances are handled without delay. - Clear, Strong Legal Guidance
We explain every step in plain English and work to secure your freedom lawfully and responsibly. - Focused Defence Strategy
From first interview to trial, we test the State’s case, challenge unlawful conduct, and protect your fair-trial rights under the Constitution.
π¨ What To Do If Someone Is Arrested – Step-by-Step
- Stay calm and call us immediately.
Do not argue or resist. Ask for your lawyer — then remain silent until we arrive. - Get basic details: station name, CAS number, charge if known.
- We engage the authorities:
We contact the investigating officer and prosecutor to verify where the person is held and whether police (s 59) or prosecutor (s 59A) bail is possible. - Same-day bail assessment:
If bail cannot be granted at the station, we prepare a court bail application with all supporting documentation for the earliest possible hearing.
βοΈ Understanding Bail in South Africa
Bail is
temporary release from custody while awaiting trial. It does
not determine guilt or innocence.
The
Criminal Procedure Act 51 of 1977 provides three primary routes:
- Police Bail (Section 59) – For less serious offences, granted by an officer of sufficient rank at the police station.
- Prosecutor Bail (Section 59A) – For more serious offences, granted by the public prosecutor before first appearance.
- Court Bail (Section 60) – If not released earlier, the court considers whether release is in the interests of justice, examining flight-risk, witness interference, and public safety.
If bail is excessive or unfair, we apply to
reduce or vary it (Section 63).
If refused, we assess whether an
appeal or new application (Section 65) is viable.
π§Ύ Schedule 5 vs Schedule 6 Offences — Know the Difference
We prepare a comprehensive bail profile including:
- Proof of residence and employment,
- Family and community ties,
- Medical or humanitarian grounds,
- Lack of flight risk and non-interference guarantees.
Recent Eastern Cape bail decisions show how closely courts interrogate these factors — we prepare you thoroughlyο»Ώ
βοΈ What the Court Considers (“Interests of Justice”)
Under Section 60, courts weigh:
- Risk of flight;
- Risk of interfering with witnesses or evidence;
- Risk of committing further offences;
- Impact on public order and safety;
- Strength of the State’s case.
Where risks can be managed, courts may impose conditions under
Section 62
(e.g., reporting to SAPS, travel restrictions, or no-contact orders).
If conditions are too onerous, we can
apply for variation under Section 63.
π Our Comprehensive Bail & Defence Package
- Rapid Fact-Finding – arrest details, docket status, investigating officer contacts.
- Personal-Circumstance Bundle – proof of address, employment, dependants, and medical information.
- Legal Submissions – tailored heads of argument under s 60 and s 60(11)(a), referencing recent Eastern Cape and SAFLII case law.
- Condition Design – practical, lawful bail conditions that address risk without infringing rights.
- Appeals & Variations
– if bail refused or circumstances change, swift action under s 65.
π§ Beyond Bail — Full Criminal Defence
Our representation continues after release:
- Case Review & Docket Analysis – disclosure, evidential review, constitutional challenges.
- Witness & Expert Coordination – forensic, medical, or financial experts where needed.
- Plea Negotiation or Trial Defence – strategic case theory aimed at realistic outcomes.
- Continuous Rights Protection
– throughout investigation, plea, or trial stages.
β Frequently Asked Questions
Can I get bail at a police station?
Sometimes yes. Police (s 59) or prosecutor (s 59A) bail may be granted before first appearance depending on the charge. We act immediately to secure release where possible.
What are “exceptional circumstances” for Schedule 6 offences?
Facts beyond the ordinary that justify release in the interests of justice — for example, serious medical conditions, inordinate delay, or demonstrably weak evidence. The onus lies on the accused under s 60(11)(a).
Bail was refused — what now?
We can appeal or re-apply under s 65 if the court erred or circumstances changed. We analyse the record and evidence before proceeding.
Is bail a “free pass”?
No. Bail is conditional freedom. Breaching conditions can lead to arrest, forfeiture, and new charges. Courts weigh bail compliance heavily in future matters.
π Contact Pauw Attorneys – 24/7 Emergency Bail Assistance
- π± 24/7 Urgent Line: +27 83 554 8776
- π§ Email: preesen@pauwattorneys.co.za
- π Address: 74 Kragga Kamma Road, Sunridge Park, Port Elizabeth (Gqeberha)
- π Same-Day Consults Available
We act
fast, lawfully, and decisively
to secure your rights and your freedom.
πΊοΈ Service Areas Covered
Gqeberha | Port Elizabeth | Uitenhage
