Hi All
Don't know if this has been posted before, anyway here are some good tips.
They can only arrest you if:
1. They have the original warrant for your arrest there with them. A copy
isn't good enough, saying it's at the station isn't good enough either. They
have to show it to you there and then (if they have it, check plan "b").
2. They have to prove that you received the summons in person. It either
had to be delivered to you in person or you had to collect a registered letter
from the post office (if they cannot prove you personally received the
relevant summons, the warrant of arrest is not legal either).
3. If you do get stopped and they want to arrest you, demand to see the
warrant and proof you received the summons (i.e. your own signature on
the document when delivered to you).
4. If they don't have it, the arrest is illegal. Refuse to go. If they still arrest
you inform them there and then you will press charges against them
for illegal arrest (record everything that is said to you, as well as the
chronological procedure of events in detail). These details may well stand
you in good stead for a strong case.
5. Technically, if your arrest is illegal, the taking possession of your car by
the police and its driving thereof while you are in custody may also
constitute theft.
6. When you are released, go to the SAPS immediately and lay a charge
against the arresting law body and relevant official.
Don't know if this has been posted before, anyway here are some good tips.
They can only arrest you if:
1. They have the original warrant for your arrest there with them. A copy
isn't good enough, saying it's at the station isn't good enough either. They
have to show it to you there and then (if they have it, check plan "b").
2. They have to prove that you received the summons in person. It either
had to be delivered to you in person or you had to collect a registered letter
from the post office (if they cannot prove you personally received the
relevant summons, the warrant of arrest is not legal either).
3. If you do get stopped and they want to arrest you, demand to see the
warrant and proof you received the summons (i.e. your own signature on
the document when delivered to you).
4. If they don't have it, the arrest is illegal. Refuse to go. If they still arrest
you inform them there and then you will press charges against them
for illegal arrest (record everything that is said to you, as well as the
chronological procedure of events in detail). These details may well stand
you in good stead for a strong case.
5. Technically, if your arrest is illegal, the taking possession of your car by
the police and its driving thereof while you are in custody may also
constitute theft.
6. When you are released, go to the SAPS immediately and lay a charge
against the arresting law body and relevant official.