One of the fundamental rights enshrined in the Bill of Rights contained in our Constitution is the right of an individual who has been accused of committing a crime to remain silent and also the right to be presumed innocent until proven guilty.

Every accused person also has the right to legal representation, irrespective of his or her guilt, and to put the State to proving guilt beyond all reasonable doubt.

Within this context, a defence attorney’s role is vital to the operation of the criminal justice system.

Morris Fuller Walden Williams offers clients representation in criminal matters, including bail applications, trial representation, alternative dispute resolution and plea bargains. Gareth Brimelow specialises in this area of law.

The concept of plea bargaining is a fairly recent development in South African law and, in appropriate cases, allows for the State and defence to reach agreement on the nature and extent of the sentence to be imposed on the accused in return for a guilty plea.

This allows not only for certainty for the accused in knowing exactly what sentence he or she is going to get, but also curtails the financial costs significantly, for the accused as well as the State.

In appropriate cases we will enlist the services of an advocate who would have expertise in criminal law, where the means and needs of the accused, and the complexity of the case, justify this.