Criminal Work
Arrest is prima facie a deprivation of one’s right to freedom of movement and an infringement of the right to dignity, freedom and security of the person and at EM Mmila Incorporated we will ensure that your rights are protected.
South Africa remains a democratic state in which the rule of law and the Constitution reign supreme and any other conduct inconsistent with this institutional arrangement falls to be invalidated.
The Bill of Rights in Chapter 2 of the Constitution is the cornerstone of our constitutional order and any conduct inconsistent with these rights are invalid.
Section 35 (1) of the Constitution ensure that the rights of the arrested, detained and accused persons are protected.
Most importantly section 35 (3) which entrench a right to a fair trial lies at the heart of our constitutional criminal justice system. This encapsulate variety of constitutionally protected rights, inter alia a right to have legal representation and the right to be presumed innocent until proven guilty.
In a criminal trial the State represented by the prosecutor who has a duty to prove beyond reasonable doubt that the accused is the person who committed the crimes he is being charged with. The accused has no burden to neither prove his innocent nor assist the prosecutor in its case.
This rather complicated criminal justice system can never be overcome without having legal knowledge and ability to interpret the concepts involved in our criminal justice system.
Our legal practitioners are experienced criminal litigators with years of track record in the criminal justice system.
Mr Mmila gained a valuable experience as defence lawyer while serving articles of clerkship at the offices of TP Moloto & Company Inc in Benoni and also as a Junior Attorney at Legal Aid Board in Johannesburg.
If you, family members, friends or relatives are arrested, EM Mmila Incorporated is available to assist with bail application and subsequent trial. We also assist our client with representation to the National Prosecuting Authority for the charges to be withdrawn if there is no prospect of conviction or sufficient evidence in proceeding with the matter.
At EM Mmila Incorporated we assist clients right from the onset be it during arrest or detention until their first appearance in Court. We also offer assistance in the arrangement and/or application for bail, be it schedule 1, 5 or 6 offence. In line with constitutional imperative underlying bail we believe that the accused person should in principle be entitled to be released from detention if the interests of justice so permits.
We also represent clients throughout the criminal trial and ensure that their constitutional rights particularly the right to be presumed innocent and not to be compelled to give self incriminating evidence are not compromised. Of significance we also assist clients to challenge any evidence the State produced and advice about the relevancy and admissibility of such evidence in Court.
We also assist clients with appeals against refusal of bails from the Magistrate Courts and appeals against convictions and sentences as well as reviews.
