False Accusations in Criminal Law

Although most Americans have faith in our legal system, mistakes are made every day. The pressure on law enforcement to bring criminals to justice is more than us private citizens could ever understand, and when evidence points toward a particular individual, it is their responsibility to feel it out. False accusations are one of the more detrimental aspects of our legal system, so everyone should know what to do if it happens to them.

In reality, you are the only person who knows for sure whether or not you committed a crime. The police follow leads and examine evidence, but they don’t have magical crystal balls that lead them toward the guilty and away from the innocent. For this reason, it is entirely possible that you will be falsely accused of a crime during your life. If that happens, follow the steps below.

False Accusations: Realize the Seriousness of Your Predicament

Even if you didn’t do it, you can still find yourself in extremely hot water. As mentioned above, police officers can’t gaze into the stars and find out for sure whether or not you are guilty, so you can still face serious charges for a crime you did not commit. The first step is to realize that you must take your situation seriously and be proactive in the battle to prove your innocence.

False Accusations: Understand the Costs of Your Defense

Unfortunately, attorneys do not bill their clients according to their guilt or innocence. Even if you didn’t commit the crime of which you are accused, you will still receive a healthy bill in the mail for legal services. So before you do anything else, make sure that you have sufficient financial resources to retain the counsel of an experienced and qualified attorney.

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False Accusations: Write It All Down

Most people who are falsely accused of a crime have some knowledge pertaining to the case. Perhaps you are friends with the victim or maybe you were in the wrong place at the wrong time. Whatever the case, you must write down everything you know about what happened as quickly as possible. Pertinent details will fade quickly from your mind, so it is better to get it all down on paper as soon as you know that you are facing criminal charges.

False Accusations: Know the Law

Even if you have never been to law school or had any former run-ins with the police, you should still know everything you can about the crime of which you are accused as well as your legal options. Get on the Internet and research your situation. Find cases which are similar to your own and familiarize yourself with criminal procedure. The more you know, the better apt you will be to defend yourself. Although you will be represented by legal counsel, your own knowledge will be helpful, as well as a great comfort.

False Accusations: Determine Evidence & Witnesses

Any evidence or witnesses you can think of that can help you with your case should be written down. Get a notebook which you will fill with ideas for defending yourself, from character witnesses to evidence of your innocence. If you know that someone has information about the case, write them down. Later, you can give the notebook to your attorney, who will begin the process of weeding out bad witnesses and chasing down possible evidence.

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False Accusations: Know Your Rights

The single most important right that you have is your right to remain silent. Police officers will attempt to question you without your lawyer present, but just because they have a gun and a badge doesn’t mean they can violate your constitutional rights. However, they don’t have to stop questioning you until you claim your right to an attorney. This is called “lawyering up” and should be done as soon as you arrive at the police station. If you are not arrested (taken into custody), then you have the right to leave.

Above all else, you should also follow your attorney’s advice. Never change your story about what happened – which shouldn’t be a problem in the matter of a false accusation – and keep your cool no matter what happens.

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