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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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I have a crimen injuria case agains me and iets going to

Customer Question

Customer: hi i have a crimen injuria case agains me and iets going to court what is my rights
JA: Thanks. Can you give me any more details about your issue?
Customer: It is basically a case of road rage on a Friday afternoon, we driving on a road that had road works, the usual double lane became one lane. As everyone was waiting in the still standing traffic queue, he came pass on the side and tried to push his way in front, resulting in me swerving out of the way and basically of the road with my child in the car. We swore at each other, he took my license plate number and made a case against me for crimen injuria, I didn't take down his number plate to make my own case against him, after the inspector came to my house that Monday for questioning, I received his details and opened a case of crimen injuria against him.
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Submitted: 10 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 10 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

You have all of the rights of a person who has been accused of a crime, including the right to an attorney, the right to be innocent until proven guilty, the right to a fair and speedy trial, etc.

In this instance, I would suggest to the prosecutor that the senior public prosecutor should attempt to mediate a settlement between the parties - whereby both parties would apologise to each other and drop the respective criminal charges.

If that doesn't help, I would then suggest that the senior public prosecutor allow you to make written representations as to why the charges against you should be dismissed.

If that doesn't work, then I would suggest that you hire a criminal attorney who can try all of the above again.

You should be aware that the senior public prosecutors have standing orders to try settle disputes of this nature by way of mediation. You have a RIGHT that an attempt be made to mediate the dispute. You should push for that, as it will be the quickest and cheapest way out of this whole mess.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 10 months ago.

You should speak to the prosecutor about this at your next court appearance, and also to the senior public prosecutor before the next court appearance if you can remember your last appearance date, your next appearance date, and your case number. Also, you can speak to the inspector to find out the senior public prosecutor's office details. He should have offices in the magistrates court.

Expert:  CaseLaw replied 10 months ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw