You’ve Been Falsely Accused of a Crime, Now What?

False accusations are not as unusual as one may think, and they can take a heavy toll on the accused emotionally, raising feelings of anger, fear and frustration. Whether they are the result of mistaken identity, a misunderstanding, or malicious intent, false accusations are serious matters that can severely damage the accused’s reputation, relationships, and future opportunities depending on the nature of the claim.

If you find yourself falsely accused of a crime, your instinct may be to protest the claim to clear your name, but being reactive may only escalate matters. Take the accusations and their potential consequences seriously. Don’t assume that because you are innocent, the accusations will just go away.  Be prepared to take actions to protect yourself.

• Stay calm and consider exercising your Fifth Amendment right to remain silent. Even innocent statements can be misinterpreted when taken out of context. Avoid making statements without presence of legal counsel.
• Find an experienced criminal defense attorney to guide you through the process and help protect your rights. This attorney can help you gather evidence and develop a strong defense. If involved in your situation soon enough, the attorney may be able to take actions that may avoid charges ever being filed against you.
• Document everything. Prepare a detailed accounting of what you were doing when the crime allegedly occurred, including times, locations, potential witnesses. Be prepared to share this information with your legal counsel.
• Collect evidence – receipts, emails, text messages, security footage, timestamps – anything that can confirm your whereabouts at the time of the alleged crime.
• Compile list of potential witnesses, including anyone who can confirm your alibi or testify to your character.

As emotionally distressing as it is to be accused of a wrong you did not commit, it is important to refrain from acting irrationally. Avoid the following:

• Confronting your accuser – Any contact with your accuser can be interpreted as intimidation or witness tampering.
• Destroying any evidence – Even if you think the evidence is irrelevant, destroying it could result in you being charged with obstruction of justice.
• Consenting to searches – Searches of your person, your home, or your car should only be done with a warrant or in the presence of your attorney
• Signing any documents – Your attorney should review all documents and paperwork before you sign.

There are safeguards built into our legal systems designed to protect those who are falsely accused. The right legal counsel can help you present your side. They also have the experience to challenge unreliable evidence and to expose weaknesses in the accuser’s story.

Being accused of a crime you did not commit can have dire consequences.  Maintaining your composure to keep the situation from escalating and hiring a criminal attorney with experience in cases like yours is your best defense.