3.1 Appointment of lawyer

You have the right to a public defender (a lawyer appointed by the state) only at the stage of plea and trial, not for your bail application.

3.2 Arraignment

This is the first step of a criminal prosecution. You are brought before the court to hear the charges against you. The charges are made by the prosecutor, who represents the State during the proceedings. After hearing the charges, you will be asked to enter a plea – either “guilty” or “not guilty”.

  • Pleading guilty: You should not plead guilty until you have consulted a lawyer. You can change your plea later if you need to. It is the responsibility of the prosecutor to prove beyond reasonable doubt that you committed the offence you have been charged with. You do not have to prove that you did not commit the crime.
  • Plea bargain: You can enter into a “plea bargain” with the prosecutor. A plea bargain is a negotiated agreement between you and the prosecutor in which you plead guilty in return for a sentence that you and the prosecutor agree on.

    • 3.3 Bail Hearing

    First of all, the court must decide whether to keep you in custody until the trial. If the court decides to release you, it may do so on warning or bail. This means that the court trusts that you will return when you are called, and paying bail requires you to deposit a sum of money as security. The court will keep the deposit if you do not show up for all hearings until the case is completed. If you have a previous conviction or if the charge is serious, the bail hearing should be postponed for at least a week in order for you to prepare a formal written bail application and for the state to further investigate whether to recommend your release on bail. If you are not represented by a lawyer at your bail application, you should make a strong case for why you are not a “flight risk” (which means you will not run away or go into hiding if you are released) or a danger to other witnesses or to society and, therefore, should be granted bail. Remember, bail is not granted automatically.

    If you have been arrested and want to apply for bail, you should clearly state all of the following that are applicable. These factors can help you get released on bail:

  • You have no previous convictions
  • You have a fixed residential address
  • You are employed,
  • Personal circumstances such as your age, income and number of dependents ¾You are a person of good character