One of the most troublesome and worrisome moment of your life is being falsely accused of committing a crime. Clearing your name can be a burdensome and expensive process, one that requires complete faith in your defense and having a lawyer that will help you at every step of the way.
Defending False Accusations
Defending against false accusations will not be an easy process, nor will it be a cheap process. Understand that in order to have every available option in your defense (DNA Tests, Forensics, etc), you will need to help pay these costs. Using every tool you have available can help bring evidence to light that will show your evidence, or at the very least put so much doubt in the jurors’ minds that the judge must declare a Mistrial. Also, utilizing all the evidence during your criminal trial is important if you are found guilty, as you can still bring it up if you become a petitioner in appeals court case.
If you are found not guilty, you can become a plaintiff in a malicious prosecution against the false accuser. In order to sustain a case for malicious prosecution, the plaintiff must show not only that the defendant is responsible for causing the criminal charges to be brought and that the charge was dismissed in criminal court, but also that the defendant had no reasonable basis on which to bring the charges in the first place. You need to show proof of lies or similar wrongful conduct.
Credibility of Witness Testimonies and Evidence
One area where a false accusation typically falls apart is in witness testimony and evidence. Poking holes in a witness’s story, alibi or testimony is critical to your defense. If you are able to present credibility issues of a critical witness, their stories will be given less weight by the jury. Remember, the prosecution’s job is to show “beyond a reasonable doubt” that you committed the crime. If you can damage a witness’s credibility or the credibility of evidence, you may create the reasonable doubt needed to succeed.
Help from a Lawyer to Defend False Accusations
Defending yourself against false accusations is no different than defending yourself in a regular criminal action. You need to hire an experienced criminal defense attorney who believes in your case, and gather any/all evidence & testimony that is available to you. You should not speak to any prosecutor or police officer until you receive the services of an attorney, to ensure that you do not say something that will be used against you.
The prosecution will likely offer lesser charges in order to avoid trial. If you have a solid defense lined up, and believe in your chances, you should not plead to anything that you did not do. Some defendants will accept the plea deal because they are afraid of the longer jail time available at trial.
