If one of these mentioned above apply to you, well then I suppose its a good idea to go attorney shopping.....

Several aspects come to mind when these terrible ideas go through your mind. If you are reading this you either having trouble yourself or expecting trouble for someone close to you. There is quite a few things that comes to mind....

1. Do not give statements or explanations to the Police !!! If you have, then STOP IT - NOW !! Dont repeat the error! Let the police do their investigation and prove their case themselves...

2. When speaking to the police - have your attorney next to you. If the Police has a problem with that - well, then they are most likely busy with an ambush of some kind. REMEMBER: You do not have to say a word when you are arrested.

You have the right to remain silent - You have the right to an attorney whenever you speak to the police!!
Dont give explanations or start doing crazy things - especially when you are promised bail or anything else etc...Do not think the police is the good guys!!! They are only the “good guys” when you are the complainant - in all other cases you are in for a nasty surprise. The rule is simple - whenever in doubt - SHUT YOUR YAP!!!

It is incredibly difficult to fight a trial with a client who has gone and told the police a lot of things, maybe even pointed out some evidence to the police which they then eventually end up using against him at court. This will only help if you want to plead guilty to the alleged charges, in any other case it will be bad...very bad.

3.With the basics out the way, how does the process work?

Well in South Africa the police can go one of 2 routes when they receive a complaint. The first is to investgate it fully then once the investigation is complete to place the matter infront of the prosecutor for a descission to prosecute or not.
The other is to arrest the suspect, then investigate the matter while its postponed in court for further investigation till the investigation is completed.

The case can be remanded like this for several times, as much as the state needs till the magistrate has had enough. Then the magistrate might refuse a further remand, this could have happened because your attorney objected to the incessant postponing of the case. Alternatively the magistrate could have decided himself that the investigation is taking too long.
The result here is the same - removed from the roll (by the magistrate) or withdrawn by the state has the same effect. The accused does not have to return to court. He can go home. If he was in custody he will then be released. If he paid bail he will receive this money back.

The important thing to remember here is that this case is not finalized. The case can be replaced on the roll at any time thereafter.

This again can be done by either - an arrest (by warrant) or Subpoena to appear at court with a court date, better known as a J175 Summons. Either way if you where let out on bail in the first time the case appeared you will most likely be subpoenaed, since the state knows where to get you. Warrants are only issued if the police do not know where you are, or you are a flight risk.