In America, many people are behind bars for crimes they didn’t commit. According to statistics, more than 18% of innocent defendants are charged for crimes they didn’t commit. If you’re also falsely accused, you would like to know how to handle the situation to avoid a trial and possible jail time. So how can you avoid jail time or paying hefty fines as an innocent defendant? Read along to have a better understanding of the steps you should take.

Erroneous and Limited Information Can Lead to A False Accusation

It’s the responsibility of the prosecutor to make the fillings in a criminal case. More often, the prosecutors rely on police reports regarding the case. They might not have any detailed information on what transpired. These reports can be wrong, which could affect the accuracy of the events that transpired. The erroneous facts can result from the police officers’ bias, misstatements, or lies by witnesses.

An erroneous police report might state you attacked the victim when the truth is you acted in self-defense. The victim can even exaggerate or lie about the injuries. If the charges leveled against you are false, you might decide to go to trial, where you have a high chance of winning the case. But trials are expensive and also time-consuming. For this reason, it's critical to consult a lawyer who will nub the case before it progresses to trial.

Defending Yourself Against False Accusations

It's both stressful and infuriating to be falsely accused. If you’re fighting a criminal charge or a lawsuit, it’s your constitutional right to defend yourself. But defending yourself isn’t a walk in the park. The false accusation does have an emotional impact. Your reputation also suffers as a result.

What Exactly Is A False Accusation?

A false accusation is an unsubstantiated claim you committed an offense. A false accusation is also known as groundless accusations, unfounded accusations, or false claims. Someone can falsely accuse you on purpose or by accident. It’s, therefore, crucial to know how to defend yourself against these false accusations.

The Different Types of False Accusations

The three main categories of false accusations include:

  • Mixed allegations

A mixed allegation is whereby a victim combines the truth with fabrications

  • Fabricated accusation

Here, the victim’s claim is purely false.

  • Wrong perpetrator

In this case, the accusations are correct, but you are the wrong perpetrator.

You need to understand how to handle these charges as an innocent defendant. Although your emotions might run high, it's crucial to remain calm and collected. Since false accusations can have a detrimental effect on you, it's critical to contact an experienced lawyer who will guide you through the defense process.

Your defense lawyer will come up with the best defense strategy depending on the technicality of the case. They will review the circumstances surrounding the event and point out inconsistencies in the evidence presented by the victim.

Various Ways You Can Defend Yourself Against False Accusations

Seek Intervention Before the Charges Progress Any Further

Hiring a lawyer as soon as you are charged is an excellent way to handle your charges. Don’t rush into hiring any lawyer or let any lawyer pressure you into hiring them. You can also use the services of another lawyer if you aren’t satisfied with the services of your current lawyer.

A good lawyer intervenes or tries to by speaking with the prosecution before they file the charges. The intervention can involve your attorney speaking to the officer who arrested you or the one investigating the case. They do so before the law enforcement officer hands over your case to the prosecutor. If the case is already with the prosecution, your lawyer can contact the prosecutor before filing the charges.

If the case isn’t serious, your attorney’s interventions can succeed. Although this would be a great way to handle your case, it often doesn’t work.

Seeking A Dismissal

As an innocent defendant, you need to wait for the prosecution to file the charges before your lawyer can start defending you. Filling the case doesn't necessarily mean it will go to trial. When you meet with your lawyer, you should be as open and as truthful as possible about what ensued. You should also give your lawyer other relevant information, like your relationship with the victim. With this information, your lawyer can determine the best cause of action.

One action your lawyer can take is to gather more information on what transpired. They collect information by investigating the incident.

Evidence is the bedrock of any case. The presence or lack of evidence can be the difference between a charge sticking or being dismissed. You can gather evidence by speaking to witnesses who were present. Ask any willing witnesses to testify on your behalf. Acquire any videos, pictures, or documents which prove your innocence. If you are accused of robbery, you can present a receipt with a timestamp of a purchase you made at a different location during the time of the robbery.

It’s a great idea to work closely with your attorney while gathering the evidence you will present in court. At times, your accuser might be someone you know. They can be your partner, workmate, boss, or a friend. If you’re known to the victim, your attorney may request you to highlight your relationship with the alleged victim. They might also ask you to write the sequence of events leading to the incident. It's critical to write what transpired as soon as possible when all the details are fresh in your mind.

If you have had any correspondence with the victim through mail, text, letters, or social media, print them out and present the correspondence to your lawyers. The communication will help your attorney to come up with a strong defense strategy. Also, print out any phone call records you had with the alleged victim.

Another great way to handle your charges is to ask character witnesses to testify on your behalf. Character witnesses are people who know you well.

At Times, Do Nothing

Well, doing nothing might seem like an unorthodox method of defending yourself against a false accusation. But at times, doing nothing is the best move. However, the prosecution might take several months to realize the evidence isn’t enough to convict you of the crime. The evidence against you becomes inadmissible to court if the witness recants their testimony. Sometimes, it becomes evident the witness has a history of fabricating testimony. It might also become apparent the witness had an ulterior motive when making the accusation.

It’s also possible for the prosecution to withdraw the case when your defense team wins the pretrial motion. Your team might convince the court in the pretrial hearing the evidence used against you was illegally seized. In such a scenario, the prosecution has to drop the case because they can’t use the illegally acquired proof in court.  If the prosecution decides not to re-file, the court will drop your case. 

Remain Calm and Composed Throughout the Trial

Another great way to handle the charges while innocent is to manage your emotions. A false accusation can have an immense effect on your emotions. When you are falsely accused, you might feel desperate, angered, and anxious. You may also feel guilty even though you are innocent.

It's normal to have these feelings. However, be careful not to let your emotions cause you to overreact or make lash decisions. In your state of anger, you can react in a manner which can strengthen the alleged victim’s case.

Keep in mind that the prosecution can use any words you utter about the case against you in a court of law. It's best to keep quiet about the situation unless you’re sharing the information with your lawyer.

Do Not Speak to Anyone Including the Police About the Case

Please resist the urge to tell the police your side of the story when they’re making the arrest. As earlier mentioned, it's critical to remain silent at this point, for anything you say will be used against you in court. Talking to the police will not make the situation go away. It might even worsen the situation.

If the police are making the arrest, they already think you’re guilty. They will try to trick you into uttering incriminating words. To be on the safe side, request for a lawyer and evoke your right to remain silent.

Don’t Speak to The Alleged Victim

You might also be tempted to speak to the alleged victim to clear your name. Doing so is also a terrible idea. You should steer clear of the victim or any of their relatives. You shouldn’t ask anyone to speak to the victim on your behalf either.

Be Respectful of The Legal Process

Even if you are innocent, it's critical to respect the legal process. Comply with all court summons. Be courteous to law enforcement officers and the legal fraternity handling your case. Do not resist during the arrest. But don’t share any details. Remember, you have a right to remain silent. You should seek legal representation by acquiring the services of a lawyer at the earliest opportunity after the arrest.

It's an offense if you fail to appear in court if you are subpoenaed. If you miss a court hearing due to fear or defiance, the judge will issue an arrest warrant. You don’t want this as it will hurt your case.

Don’t involve yourself in any aggressive behavior towards your accuser. Doing so in person, online, or through proxies will harm your case. If the alleged victim feels threatened, they might seek a restraining or stay order against you. If this happens, the judge might consider you capable of committing the crime of which you are accused.

You should realize that it can take a while to clear your name. The court process can take months or years. So be patient as your defense team fights to clear your name of all wrongdoing.

You Should Take the Accusation Seriously Even If You’re Innocent

Even if you are innocent, the consequences of the charges leveled against you carry real and serious penalties. The court could charge you with hefty fines or send you to jail. You shouldn’t assume that the jury, police, and prosecutor will take your word and accept your claim of innocence. You should take the charges seriously from the word go. Doing so will help you take the necessary actions and make decisions that will exonerate you.

Defense costs can pile up quite fast. These costs include investigation costs, attorney fees and expert witness fees that you might need to pay. Although it might not seem like the right thing to spend much money on your defense, it’s a paramount action to undertake. Otherwise, you might spend time in jail for an offense you didn’t commit.

Present A Formidable Defense

The job of a prosecutor is to prove you’re guilty. They base their case on the evidence leveled against you by the alleged victim. Although you’re innocent, you’ve to present strong evidence to prove your innocence.  

The constitution gives you the right to defend yourself. According to the law, you are innocent until proven guilty. You always have a right to defend yourself in a court of law despite the charges. You should realize that you also have a right to sue your accuser for compensation once your case is over and you are cleared of any wrongdoing.

You Can Enter a Plea

Although it’s the most unjust choice, you can take a plea bargain for a crime you didn’t commit. Your lawyer may advise you to take a plea bargain instead of risking a trial. In the trial, the jury may find you guilty, leading the judge to impose the maximum sentence for your alleged crime. The sentence might include a long prison term and a permanent criminal record.

In a plea bargain, you come to a compromise with the prosecution. Here, you accept lesser charges which carry a lighter sentence. However, in exchange, you give up your right to go to trial. This means you accept the sentence without a trial.

If you are accused of multiple crimes, the prosecutor can drop the other charges and only charge you with one crime. According to California law, the court must approve the plea bargain between you and the prosecutor. Before the court accepts the plea bargain, the judge will ask you a set of questions to ascertain you haven’t been coursed or bribed to accept the plea.

You should understand that with a plea bargain, you forfeit your right to trial by a jury. You also can’t appeal. You can’t also confront the witnesses the prosecutor presents, even if their testimony is false. The judge will inform you of the maximum, and minimum sentence you would have received during the plea bargain process should the jury have found you guilty.

After you accept the plea bargain and the court approves it, all the parties must follow the plea bargain terms. You also have a right to ensure the prosecution is keeping its end of the deal. The prosecution and the court also follow up to ensure you’re following your end of the plea bargain.

Sometimes, the prosecutor might not recommend a lighter sentence as promised in the plea agreement. The judge will impose a lighter judgment.

So, Should You Accept A Plea Bargain Even If You Are Not Guilty of The Crime?

A judge will sentence you after hearing and seeing the state’s testimony against you, including victims’ testimonies. If you accept the plea bargain, the judge doesn’t see or hear the testimony. Should the jury find you guilty, the judge is most likely to offer you the maximum sentence.

Your lawyer should inform your choice to accept or reject a plea bargain. Once your attorney reviews your case, they will advise you accordingly. If the evidence against you isn’t strong, your lawyer might advise you to reject the plea and go to trial. But if the case isn’t straightforward and there’s a chance the jury might find you guilty, your lawyer might advise you to take the plea bargain.

Contact A Criminal Defense Lawyer Near Me

When facing false accusations, you become angry knowing you are innocent, yet your reputation suffers. Worse still, you could go to jail. Knowing how to handle your charges can be the difference between exoneration and imprisonment. When you are accused of a crime you didn’t commit, contact your attorney at the earliest possible opportunity. Do not divulge any information about the case to the alleged victim, relatives, the media, or the police.

If you or your loved one is falsely accused of a crime, you should contact a highly experienced defense lawyer. At Los Angeles Criminal Attorney, we have vast experience representing innocent defendants facing charges in Los Angeles, CA. Also, we are well versed in the California justice system. Contact us at 424-333-0943 to schedule an appointment today.