HELP! my dad was arrested.....

Get this guy to make a statement asap, never know if he actually will.
 
IzZzy said:
Bail hearing is first thing in the morning, and the control prosecutor won't be in yet by the time the hearing starts.
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is it required of the control prosecutor to be there?
 
At the risk of not hijacking this thread - thanks for the compliments guys. Though take my advice with a pinch of salt, I am just a lowly commercial lawyer :)

ambroseg1 said:
is it required of the control prosecutor to be there?
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Normal prosecutors will actually do the whole opposing of bail story. The control prosecutor is the one who is specifically empowered to withdraw charges/approve bail and they won't be in office yet by the time court starts.
 
IzZzy said:
Normal prosecutors will actually do the whole opposing of bail story. The control prosecutor is the one who is specifically empowered to withdraw charges/approve bail and they won't be in office yet by the time court starts.
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You didnt answer my question.
 
My dad took pictures of everything, every little detail of the bike to prove it is stuffed
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Where is the photo's he took? that could prove very invaluable.
 
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IzZzy said:
A warrant of arrest is the last means of securing a person's attendance at court. You can be asked to come or sent a letter. All are valid means.

My advice, as a lawyer, is seek a lawyer in this field. It sounds like me to be a civil matter and on that basis, the charge must be withdrawn. Please don't follow other people's advice in this thread about lying.

Ask the SAPS for the prosecutor on duty to apply for prosecutorial bail, which the SAPS must do. The prosecutor is empowered to give bail for this type of offence i.e. small theft . INSIST the SAPS do this. DON'T plead with this prosecutor to withdraw the charge: (1) he doesn't care; and (2) he likely does not have the authority.

Bail hearing is first thing in the morning, and the control prosecutor won't be in yet by the time the hearing starts. When the 48 hour appearance comes, ask for an indulgence / postponement until later in the day because you are going to need this time to speak to the control prosecutor to lay out the facts. Be clear, concise and to the point when speaking with the control prosecutor. If you cannot find him/her, ask another prosecutor or the senior prosecutor where the control prosecutor sits.

My advice? Tell the control prosecutor what you set out above, that the reason for your Dad throwing away the motorbike is that the complainant did not respond to requests to retrieve it, and your Dad considered the bike to be res derilicta. The last part is important, this will explain your Dad throwing it away i.e. (1) it was a piece of junk; (2) not salvagable; and (3) the owner did not respond to your Dad's requests to collect it - therefore your Dad considered it abandoned.

Also you might throw in that the complainant has other courses of action, namely a civil course of action to recover the things value therefore this does not belong in the already crowded courtroom. Also mention that the item has so little value, it must be considered de minimis.

I hope this helps. If you need any other input, feel free to PM me.
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looks like you're going to get an influx of mybb members wanting you to be their lawyer now :p.

Izzzy, representing the entire MyBB :p
 
ambroseg1 said:
is it required....nevermind.
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Genuinely wanted to know what your question was, because in my mind I thought I answered it. So I can only guess:

Is it required... for the control prosecutor to be "there" at the bail hearing? No, already stated that this is delegated to prosecutors lower on the rung.

Is it required... for the control prosecutor to be "there" when representations are made to withdraw the charge? Yes, the control prosecutor is the only prosecutor with authority to do this.

smalltownsky said:
looks like you're going to get an influx of mybb members wanting you to be their lawyer now :p.

Izzzy, representing the entire MyBB :p
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Haha! My posts here are not for the purpose of soliciting clients, I just enjoy the forum. Besides, invariably the legal questions posed fall outside my line of work, so I would never feel comfortable representing anyone in such a scenario.
 
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IzZzy said:
Genuinely wanted to know what your question was, because in my mind I thought I answered it. So I can only guess:

Is it required... for the control prosecutor to be "there" at the bail hearing? No, already stated that this is delegated to prosecutors lower on the rung.

Is it required... for the control prosecutor to be "there" when representations are made to withdraw the charge? Yes, the control prosecutor is the only prosecutor with authority to do this.
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Lot's of respect for You for giving advice without demanding payment. Well done.
 
IzZzy said:
Genuinely wanted to know what your question was, because in my mind I thought I answered it. So I can only guess:

Is it required... for the control prosecutor to be "there" at the bail hearing? No, already stated that this is delegated to prosecutors lower on the rung.

Is it required... for the control prosecutor to be "there" when representations are made to withdraw the charge? Yes, the control prosecutor is the only prosecutor with authority to do this.
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apologies.....saw sarcasm/negative attitude where there was none. Reason for my question is because it came accross as if the control prosecutors are "nevermind" about the process as you said they arent there that early for a hearing (bail or whatever). I have a picture of some entititled chap pitching up at 10AM and then not starting work till 11AM because he has to have coffee first. You get what I mean?
 
IzZzy said:
My advice, as a lawyer, is seek a lawyer in this field. It sounds like me to be a civil matter and on that basis, the charge must be withdrawn. Please don't follow other people's advice in this thread about lying.
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Well if he was charged with theft it's a criminal matter for now until decided otherwise. That's my understanding anyway.
 
Yeah but the nature of the dispute being essentially civil will be a factor inducing the prosecutor to withdraw the charge.

ambroseg1 said:
apologies.....saw sarcasm/negative attitude where there was none. Reason for my question is because it came accross as if the control prosecutors are "nevermind" about the process as you said they arent there that early for a hearing (bail or whatever). I have a picture of some entititled chap pitching up at 10AM and then not starting work till 11AM because he has to have coffee first. You get what I mean?
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I understand now :) But it's more like they have bigger duties to undertake during that time.
 
ok so he is spending the night in jail, The attorneys couldnt do anything today but they will be at the police station tomorrow morning at around 7am to get them to charge my dad and then they can apply for bail. Not 100% sure of all the terms and who all is involved, my mom is handling most of that at the moment. Seems that there is a good chance they wont even charge him and the case will be dropped or atleast all charges against him should be dropped.

Once that happens then its our turn nail this bast@rd! Also the mechanic was fired from this same c*nt and is definitely willing to sign an affidavit to the effect that the guy gave the bike to my dad to see what he could do. Also my dad has sms's of from the guy saying he is going to kill my dad etc so cant wait to nail the bugger.

He should be out tomorrow atleast but yea guess its a long wait til then. Again thanks for all the replies so far:)
 
also the condition the guy said the bike was in was not the same as all the photographic proof my dad has. He gave the cops a picture of what the bike looks like new. LOL! really annoying that people blatantly lie.
 
Thanks for the great post Izzzy.

Hope your father gets out madhatter. I hope that evil dude is held accountable.
 
m4dh4tt3r said:
also the condition the guy said the bike was in was not the same as all the photographic proof my dad has. He gave the cops a picture of what the bike looks like new. LOL! really annoying that people blatantly lie.
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Think he planned the whole story with the intention to get a new bike (or money) for mahala.

Sick.
 
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