Appeals in criminal matters can be made against the conviction, the sentence, or both.
In most cases, a convicted person must first apply, to the same court that convicted him, for leave to appeal. A judge or magistrate must grant leave to appeal if there is a possibility that another court may reach a different conclusion.
With our expert team in Durban at M. P. Lutge Incorporated, we draw on a vast collection of past experiences to ensure that your appeal application is brought before the court with your best arguments highlighted. Over the last three decades and more, our founder, Malcolm Patrick Lutge, has developed a deeper understanding of what the courts consider important in an appeal application as a result of his dedicated study and practise in Criminal Appeals.
Our founder has also, over the last thirty years, built up a network of expert legal specialists throughout South Africa, with the result that we are not only widely regarded throughout the country as one of the best law firms bringing criminal appeals (white collar crime, assault, theft, drugs, etc.) but are also able to appear wherever you are anywhere in South Africa.
As the Criminal Procedure Act prescribes that a criminal appeal application must be brought within 14 days of the finalisation of the case, it is of the utmost importance that you contact us immediately if you are unhappy with the way in which your case has been run or you would just like a second opinion.
Should you remain with your existing attorney and leave to appeal is denied, we can still apply for leave to appeal by addressing a “petition” to the Judge President of the court to which one wishes to appeal. We can, at this stage, still be able to appear on your behalf but the petition must be filed within 21 days of the date in which leave to appeal was denied.
Should your attorney fail to bring either application you can still come to our expert firm of attorneys to approach the court hearing either the leave to appeal application or the petition for leave to condone their late filing.
At our highly regarded legal firm in Durban, we have the years of experience, vast store of knowledge, and network of attorneys in place to give you the edge in approaching a court to grant your Criminal Appeal.