The criminal justice system’s aim is to punish the guilty. However, in some instances, some people get falsely accused of a crime they did not do. False accusations for a crime you did not commit can ruin your entire life by destroying your career, damaging your relationships, etc. You are innocent and are confused about what to do about these false allegations and what your legal rights are. False accusation is when you are accused of a crime like rape, domestic violence, assault, or arson, that you did not do commit. There are many reasons behind false accusations like mistaken identity, official misconduct, misleading forensic evidence, misrecollection, etc. In such a situation, the first thing to do is to hire a criminal defense attorney to help you with the legal procedure. Want to hire an attorney? If yes, click here.
A criminal defense attorney can help you in a false accusation case in the following ways:-
- Conduct pre-file investigation: A criminal defense attorney will conduct a pre-file investigation to investigate the allegations of the crime before the criminal charges get filed. They will gather proper evidence that will take your case toward a favorable outcome before the charges are filed. In this kind of investigation, the attorney will interview witnesses met by the police, find new witnesses, gather physical evidence, perform background checks, consult with expert witnesses, etc. Pre-file investigations are great tools for defense strategy. After the investigation is done, your attorney can go to the District Attorney and convince them to not file any charges in the case, or file charges of a lesser crime.
- Impeach the accuser of crime: A criminal defense attorney is an expert in courtroom trials and will help impeach the accuser by undermining their credibility. This happens during the trial in cross-examination when the attorney asks questions to witnesses that reflect badly on the accuser’s reputation for truthfulness.
- File a civil suit for malicious prosecution: The attorney helps the defendant file a civil lawsuit against the accuser for the false accusation and ask to be compensated. The compensatory damages will include economic damages (like attorney fees and medical costs), and non-economic damages (like loss of reputation and embarrassment).
Criminal charges carry serious consequences like prison time, a huge amount of penalties, etc. If you are innocent and have been falsely accused of a crime, you must take every step to ensure to get out of this messy situation. The crucial thing to do is to seek legal help from a reputed criminal defense attorney. They will help strategize your case and fight the charges that you are about to face.