Criminal Law
As an accused person the outcome at your criminal trial and / or bail application is possibly one of the most important and defining moments in your lifetime. This outcome is more often than not dependent on the advice that you receive and the handling of your matter. It thus follows that your choice of the experts and professionals who deal with your matter is of the upmost importance and cannot be underestimated. It is also of much significance that your presumption of innocence throughout the entire proceedings is maintained.
Throughout his career Advocate Rai has dealt with literally thousands of criminal matters and during his career in practice as an Advocate, not one of the accused persons which he has represented has been convicted (at the time of this print) where he has handled the entirety of the criminal trial.
Even in the event of you wishing to accept responsibility and plead guilty to the offence/s with which you have been charged, Advocate Rai will initiate negotiations between the defence, the prosecutor and the presiding Magistrate in order to arrange and agree the most suitable sentence for your matter before it goes officially before a court.
With Advocate Rai having spent several years as a Criminal Lawyer in Durban at Legal Aid South Africa, the National Prosecuting Authority and as a Magistrate, he still maintains harmonious relationships with members of the South African Police Services, Prosecution, Judiciary and other court staff.
For an accused person, a bail application must be dealt with in accordance with the law and as speedily as possible. An opposition to bail by the State and / or a refusal of bail by the court should not be the result of a court or a prosecutor having an overriding thought that such refusal or opposition is an anticipatory form of punishment for the accused person notwithstanding the gravity or seriousness of the offence. There is an automatic presumption of innocence for every accused person at bail proceedings. It automatically follows that every accused person has the right to apply for bail. The rights and duties of a bail applicant is volumous, all of which cannot be enumerated here. Further, the circumstances of each and every bail application and bail applicant are different. It is therefore imperative that the proper expert advice is received for a bail application so that an applicant’s rights (more especially liberty and freedom of movement) are protected and any unnecessary prolonged detention is avoided.
Advocate Rai’s experience as a Criminal Attorney at Legal Aid South Africa, as a Public Prosecutor at the National Prosecuting Authority and his years presiding as a Magistrate at the Department of Justice has led to him being in the Criminal Court environment on practically a daily basis during his years in the Justice System. The various posts held by him during his time in the justice system has enabled him to grasp a broad perspective with regard to defence, prosecutorial and judicial point of view, ensuring that sound legal advice is rendered and that your matter is expertly handled.