What to Do When Falsely Accused of a Crime

Being accused of any crime can be an overwhelming and terrifying experience. Fortunately, you will not be without options if something like this happens.

A lawyer can help you fight criminal charges, but you must first remain calm. It is human nature to lash out at a person making false accusations, but keeping a level head helps you avoid making mistakes that could make the situation worse.

The Impact of a False Accusation

That said, it is impossible not to consider the dire consequences a false accusation will have on your life. In addition to a possible arrest and drawn-out legal battle, you will have a financial burden, including legal costs.

Moreover, a false accusation will be terrible for your reputation, especially if you are well-known or run a business. When word gets out that you have been accused of a crime, it will affect your business relationships and likely hinder potential customers from supporting you.

Lastly, dealing with false accusations often has a major psychological impact. You may experience anxiety or feel isolated. You may also fear what’s coming, particularly if the crime you are accused of means you will be arrested.

How to Protect Yourself

It is important to take the necessary steps to protect yourself and your family after a false accusation has been leveled at you. This means exercising your rights, even if you are arrested. You do not have to make any statements and have the right to have a lawyer present.

Ideally, you want a criminal defense attorney when the legal process begins. Your attorney will explain all your rights and help you find the evidence to build a defense.

The evidence you need will depend on the crime you are being accused of. In most criminal cases, evidence refers to witnesses, alibis, video footage, and written or typed communications.

While gathering this evidence, it is crucial to keep your conversations minimal. Discuss the case only with your attorney. At this point, it is important not to discuss the details with your family or spouse. Sharing details with the wrong people about anything to do with the case can harm your defense.

The same goes for social media. While your case is ongoing, and even after, do not post anything related to it on your social media accounts. This can and will be used against you.

Building Your Defense

You must work with your attorney to build your defense. Your attorney will do their investigation to gather evidence and interview witnesses. They will also deconstruct the prosecution’s case to look for weaknesses and lack of evidence.

If, for instance, you are accused of an assault, you need to build a picture of your whereabouts at the time the assault happened. This means getting eyewitnesses and footage proving that you were elsewhere.

There is a good chance that your attorney may be able to challenge your accuser’s credibility. This is especially true when it becomes clear that you have an airtight alibi. If your attorney has sufficient evidence that the accuser is lying, this will typically occur during the trial.

However, depending on the specifics of your case, there is still the possibility that your attorney may suggest a plea deal. This may allow you to avoid standing trial. If things do escalate to a trial, your attorney can represent you.

Your attorney will interact with prosecutors and can deal with hostility from your accuser and their witnesses.

Filing a Malicious Prosecution Lawsuit

After you are acquitted of the criminal charges, you can file a counter-lawsuit against your accuser. A malicious prosecution claim is meant to hold people accountable for filing false or frivolous lawsuits, causing damage to the other person in the process.

Your attorney can help you prove the three elements of a malicious prosecution lawsuit. This includes proving your accuser lied and brought a frivolous claim against you. It almost means proving the lawsuit was brought against you for a purpose other than winning.

For instance, your accuser may be spiteful because of a fallout you may have had with them. If you suffered damages because of their false accusations and legal case, this is the third element you must prove.

If you prove all these elements, you may be able to sue your accuser for economic and non-economic damages. Moreover, you may even be able to initiate a defamation case against your accuser, especially if your business reputation suffered due to their accusations.

To win a defamation case, you must prove that all statements the accused made about you are false. You must also prove that their statements were communicated to others besides yourself.

Again, you must prove that these false statements damaged your reputation or caused financial and emotional distress. Proving these elements means you can claim compensatory damages.

How to Prevent False Accusations

It is often said that prevention is better than cure. This applies strongly to false accusations. Remember, even if you are found innocent, the damage to your reputation may take many years to fix. The same goes for your relationships.

This is why preventing false accusations is better than trying to prove them wrong. Achieving this goal is not always possible, but that should not stop you from always trying to maintain a strong reputation.

You can do this by being mindful of your actions in person or online. You should also try to build positive relationships with anyone who can vouch for your integrity. This will help you build a support network if you are accused falsely.

Taking Action Against False Accusations

No matter how careful you are, you may still find yourself facing false accusations of a crime. Being falsely accused of a crime is a serious matter, and it impacts your reputation, career, and even your relationship with your loved ones. It may also result in fines and prison sentences.

You don't have to go through the experience alone. Hire a lawyer who can help you through the complicated process and give yourself the best shot at proving your innocence.