Steps to Take If You’re Wrongly Accused of a Crime

Being wrongly accused of a crime is a nightmare scenario. One moment, you’re living your life, and the next, you’re facing serious charges for something you didn’t do. It’s frustrating, unfair, and terrifying, but how you respond can make all the difference.

If you’re facing charges for a crime you didn’t commit or are just interested in knowing what to do should the situation arise, this guide is for you. Here’s what you need to do to protect yourself and fight back against false accusations.

Stay calm and don’t engage

Your first instinct might be to argue, explain, or even confront your accuser. Don’t. Anything you say or do could be used against you later. Even if you’re innocent, stay calm and avoid discussing the case with anyone except your attorney. That includes the officers arresting you.

Contact a criminal defense lawyer immediately

The most important step you can take is to hire an experienced criminal defense lawyer. This should be the first call you make once you’ve been processed. False accusations can spiral quickly, and having a lawyer on your side from the start helps make sure that your rights are protected. Your attorney will:

• Advise you on what to say (and what not to say). Remember, anything you say can and will be held against you in a court of law. Follow your attorney’s advice to the letter.
• Gather evidence to prove your innocence. Any evidence that shows that you were somewhere else doing something else at the time the crime occurred can help clear your name, but your attorney will be better positioned to decide what evidence matters the most.
• Handle police and prosecutor interactions. Your attorney will run interference for you with both parties, but there may be some instances where there’s no other option but to interact with them.

Do not talk to the police without a lawyer

You may think that cooperating fully will clear things up, but law enforcement is not on your side. While the law might say you’re innocent until proven guilty, that’s not the situation for most police officers. They are trained to get statements that can be used against you, even if you’re innocent. If they want to question you, politely but firmly say, “I want to speak to my attorney first.” Understand that you are not required to speak with the police without an attorney present, no matter what they say.

Gather and preserve evidence

Start collecting any evidence that can support your innocence, including:

• Text messages, emails, or call logs that disprove the accusation. Social media posts with date and time stamps, check-ins at restaurants, movie theaters, and other venues, and GPS information that shows you were elsewhere can all help.
• Witness statements from people who can confirm where you were and security footage or other physical evidence that supports your case.

The stronger your evidence, the harder it will be for the prosecution to build a case against you. Again, the goal here is to show that you were somewhere else when the crime occurred and that others (or records) can corroborate that fact.

Identify potential motives

Why would someone falsely accuse you? Understanding why you were accused can help your lawyer build a stronger defense. In many cases, eyewitnesses (which are notoriously unreliable) mistakenly identify someone, but police misconduct, like coerced confessions and withholding evidence, also plays a role. However, don’t rule out malicious intent by someone you know personally. Revenge, manipulation, envy, and even directing attention away from themselves can all be motives.

Avoid social media

Anything you post online can be twisted and used against you. Even seemingly innocent updates could be taken out of context. Until your case is resolved, it’s best to stay off social media entirely. Don’t post about your case, don’t rail against an accuser, and don’t message other people. Try to keep your social media profiles frozen in time so that they can be used to help establish that you’re being falsely accused.

Understand the legal process

If you’re facing false accusations, here’s what you can expect:

1. Investigation – Law enforcement gathers evidence and may try to question you. You are not obligated to speak with the police even if they hint that you are. Do not speak with them at all if possible. Now is the best time to hire a criminal defense attorney.
2. Arrest and charges – If the case moves forward, you could be formally charged. Once you’ve been arrested, call your attorney and let them know so they can begin gathering evidence.
3. Pre-trial motions – Your attorney may challenge the evidence or argue for dismissal. In a best-case scenario, the case will stop right here. However, if the judge doesn’t agree, it will move forward.
4. Trial or plea negotiations – If charges aren’t dropped, you’ll either go to trial or negotiate a deal. While it’s your decision which way to proceed, listen to your attorney’s advice. If you opt to go to trial, the timeline can vary. Depending on the caseload and the severity of the charges against you, it could be months before your trial actually begins.
5. Verdict and sentencing – If found guilty, sentencing follows; if acquitted, you’re free to move on.

Why you need a defense lawyer now

False accusations don’t just go away by themselves. Even if you think the truth will set you free, you need a criminal defense lawyer who can protect your rights and fight back. A conviction, even for a crime you didn’t commit, can affect your job, reputation, and future.

If you’ve been wrongly accused of a crime, don’t wait. Contact Drew Cochran Law today for a consultation and start building your defense.