According to the Georgia Innocence Project, studies suggest that around 1/20 of criminal cases result in wrongful convictions. That means that millions of innocent Americans are currently incarcerated.
Facing false allegations can be a very stressful experience. You’ll need to act fast to protect your innocence and uphold your freedom. However, the process can be complex and confusing – so where do you start?
We’ve put together this helpful rundown to guide you through the next steps and get the outcome you deserve. We’ll outline some practical advice and discuss the legal avenues available.
Read on for everything you need to know.
Stay Calm
It’s devastating to be falsely accused of a crime. Many people who face false allegations experience feelings of hopelessness, depression, and anger. In the case of particularly abhorrent crimes, a false accusation could ruin the defendant’s life.
When you’re under attack, it’s natural to feel like lashing out and defending yourself. However, this is not the best course of action – emotional outbursts and behavior can damage your case and feed ammunition to the prosecutor.
Remember, you’re playing the long game. Clearing your name after being falsely accused of a crime is not an overnight process. Take time to gather your thoughts, form rational responses, and avoid leading with emotion – even when it feels justified. Â
Contact an Attorney
When somebody levels a false allegation against you, the police will bring you in for questioning. While they may try to make the interview seem casual or voluntary, you must remember that police officers are trained to elicit confessions from suspects.
They will pressure or try to convince you to waive your right to an attorney because they know this gives them a better chance of securing a charge against you.
Always have a lawyer present when talking to the police. It’s their job to defend your legal position and disprove the allegations against you. We recommend hiring a lawyer as soon as you’ve made aware of the false accusations.
That way, you’ll have the support and guidance you need throughout the process. Check out these federal and state criminal defense options today.
Gather Evidence
Evidence gathering is the base-stone of any successful legal battle. This is particularly true in cases of false accusations because just one strong piece of evidence can give you a great opportunity to disprove the accuser.
Remember that the burden of proof is on the accuser, not you. It’s your job to highlight cracks and questions in the prosecutor’s story.
Work with your lawyer to create a meticulous record of evidence. Start a journal and update it with any developments as they happen. Write down anything you think is important – small details can help build a strong and successful challenge.
Do Not Contact the Accuser
If you’ve been falsely accused of a crime, you’re going to want answers. Perhaps you think you can rectify the misunderstanding if you had a chance to talk with your accuser.
Stop – contacting your accuser will damage your case and could even lead to further charges or accusations against you. This includes interacting with them or posting about the accusations over social media. If you see anything about your case on social media, take a screenshot and give it to your legal team.Â
By going to the police, your accuser has already escalated the situation to a legal level and shown they can’t be reasoned with. Allow your lawyer to do the investigation and correspondence.
Challenge the Accuser’s Credibility
If your accuser has a history of lying, a criminal record, or other dubious traits, you can use this to undermine their credibility and prove your innocence.
Your lawyer will work hard to uncover the context behind the false accusation and identify a motive for the lies. They also have the power to call the accuser to testify under oath.
Liars have a habit of being caught out under closer examination. Your lawyer will ask pointed questions, force the plaintiff to contradict themselves, and convince the jury of their dishonesty and poor credibility.
Bring WitnessesÂ
As well as discrediting your accuser, you’ll want to build a solid and credible defense for yourself. Good witnesses can help you tell your side of the story and give the court the context they need to make the right decision.
Most people who make false accusations do so out of anger. This means that their stories can usually be torn down by a skilled attorney through witness testimony.
Flip the Charges
You’ve been falsely accused of a crime and you want justice. Fortunately, there are many laws in place to deal with false allegations.
In many states, filing a false police report is a misdemeanor, punishable by jail time and/or a fine. If somebody knowingly accuses you of a crime you didn’t commit, they are liable to face criminal charges themselves.
In many cases, a call from your lawyer informing the accuser of these laws is enough to stop them in their tracks and abandon the case.
At this point, you can start to look at making a compensation claim for damages. Defamation is a serious matter and you may be entitled to a payout from your accuser. Your lawyer can help you explore these options.
Truth On Trail: Dealing With False AllegationsÂ
If you’re dealing with false allegations, it’s important to stay strong and stick with the fight.
It may take some time before you get the justice you deserve, but with the right resources and representation, you stand an excellent chance of disproving your accuser and upholding your freedom.
We hope this guide helps you get started. If you found this article useful, check out the rest of our page for much more.
