When a person didn’t commit any crime, but someone filed a criminal suit against him/her, it’s called a false accusation of a crime. Every year, many people suffer a lot due to false accusations. There are several reasons for a person may get falsely accused of a crime.
According to an experienced Tampa criminal defense attorney, most people don’t know what to do when they are falsely accused of a crime. That’s why they have to pay the price even if they were innocent. So, we will know about the reasons behind false accusation criminal cases. Also, we will learn how to handle when someone files a false criminal case against you.
False accusations can occur for various reasons, but we will discuss the most common factors. However, the accusation and criminal charges can be dismissed if the defense attorney of the accused person can prove to the court that it was a false allegation.
Here are the five common reasons for which many people get falsely accused of a crime:
- Mistake in Identity: One of the common reasons behind false accusations is when an accuser misidentifies the person.
- Error in Information: It’s also a common reason that an accuser may make errors while describing the details about a crime.
- Intentionally Accusing Someone: In this case, the accuser intentionally lies to take advantage by accusing someone purposefully.
- Official Misconduct: Sometimes, prosecutors or the police may misuse their power when arresting or charging a person for an offense.
- Misleading Forensic Evidence: Another reason can be experts may mislead the case by exaggerating statistical claims for supporting their statements.
Now that you know the different reasons for which a person may be wrongfully accused of a crime. Let’s talk about how to deal with a false criminal accusation.
Getting accused in a criminal case wrongfully is frustrating and stressful, but it’s a wise decision to stay calm and take the rights steps to prove that you’re innocent. Here are the four things that a person should do when falsely accused of a crime:
First and foremost, you should hire a qualified criminal defense lawyer as soon as you know that you are falsely accused of a crime. You shouldn’t assume that nothing will happen just because you know that you’re innocent and have not committed any offense.
More importantly, there is a greater need for hiring a lawyer in such a situation. Since the lawyers have the right knowledge of how to deal with prosecutors, collect evidence, review forensic evidence, etc., they can increase the chances of proving you innocent.
A pre-file investigation is crucial when you are wrongly accused. It’s an investigation of the allegations before criminal charges are filed.
For a pre-file investigation, the defense lawyer may interview the witnesses, collect physical evidence, conduct background research of the case, try to find expert witnesses. It’s a great defense strategy to convince the prosecutor or district attorney not to file any criminal charges.
Impeaching the accuser means raising questions on the credibility of the accuser. It helps the accused person to show that the accuser is not truthful.
Typically, this occurs during cross-examination of a criminal trial. Usually, the defense lawyer asks witnesses to present evidence that proves that the accuser is not truthful.
Finally, the wrongly accused person can file a civil lawsuit for wrongful prosecution. It’s to help you get compensation for your damages. The compensation may include economic as well as non-economic damages.
Hopefully, the article has helped you to understand the different reasons behind a false accusation and how to handle when wrongly accused. Remember, criminal cases can lead to serious consequences, so you should promptly hire a criminal defense lawyer to protect your legal rights. You shouldn’t try to handle it yourself because the court will restrict several things for you. Again, an experienced lawyer has the right knowledge and expertise on how to handle such cases.