Written by Michael Fayard
False accusations are more common than you think, and unfortunately, they place innocent individuals behind bars. You have rights when you’re accused of a crime, and you should pursue every opportunity to retain them.
False accusations happen in many situations and can even start from a simple misunderstanding. They occur in one or more of the following scenarios:
When a witness or the alleged victim of a crime accidentally misidentifies the person responsible for the crime, mistaken identity can occur. Mistaken identification most frequently happens during police suspect lineups.
Witness statements used to be considered ironclad evidence; however, alleged victims and witnesses recount traumatic and emotional experiences. This may make it difficult for them to correctly remember what happened to them or what they went through.
Malicious false accusations occur when the accuser intentionally and willfully makes false statements to law enforcement officials about someone else being responsible for a criminal offense. Some of the more common instances in which malicious false accusations occur include:
Suppose law enforcement officials or police officers abuse their power, make a mistake or procedural error, or otherwise engage in misconduct. In that case, it could lead to false accusations and arresting the wrong individual.
There are multiple steps you can take to protect yourself against false accusations. These include:
Most individuals know they have the right to remain silent. It is one of your constitutional rights guaranteed by the Fifth Amendment. This means anything you say can and will be used against you at trial.
If law enforcement officials question you, you do not need to answer them. You do not need to attempt to explain your version of events or offer an explanation. Anything you say could be twisted, manipulated, and used against you.
Law enforcement officials are not required to read your Miranda Rights unless you are being interrogated or in police custody. You do not want to accidentally say something that may be considered incriminating in a situation where police were not legally required to read you your rights.
It is also important to remember that your conversations with others are considered hearsay. Although hearsay statements may often be regarded as inadmissible, any conversations you have with family members are not considered privileged, and these individuals could be subpoenaed and ordered by the court to testify against you at trial.
Although many assume that the second a suspect requests legal representation, they are guilty of the crime in question; this is not always the case. When you do not know the letter of the law, you need an experienced legal advocate on your side who does.
Conversations with your lawyer will be protected under attorney-client privilege. This means you can openly discuss the details of your case without worrying that something will be used to prosecute you.
Your Honolulu criminal defense attorney can help you:
If you are sent to jail or wrongfully convicted of the charges against you, you may have a case for false imprisonment. For this reason, it is imperative that you have a strong criminal defense lawyer ready to help protect your rights and liberties.
You might also move forward with a defamation lawsuit if you prove the accusations against you were false, and the charges against you were dismissed.
Although you should be presumed innocent until proven guilty, the truth is much more devastating. In many cases, defendants must take explicit action to defend themselves and present robust evidence that introduces reasonable doubt in the jury’s mind.
Obtaining evidence that can prove your innocence could go a long way in helping your attorney raise that reasonable doubt.
Several types of evidence could prove the allegations against you are false. Some examples of the kinds of evidence that could be valuable to your case include:
Attorney Michael Fayard is here to help you fight back against the false allegations against you. The complexities of the criminal justice system could result in a false conviction.
Protect your future by retaining an experienced criminal defense attorney to help you get the charges against you reduced, dismissed, and pursue eventual countersuits wherever necessary. Schedule your confidential case evaluation when you call our office, (808) 445-6708, or fill out our secured contact form.