Many criminal cases rely entirely on witness statements, testimonies, and allegations. For several reasons, sometimes these accusations are false or inaccurate. As much as the prosecution wants you to believe their witnesses are independent and unbiased, this is not always the case, and you could end up with charges or a conviction for a crime you never committed. False reporting or accusing another person of an offense without proof is a crime that is harshly punished, but this does not make the offense uncommon.

Several crimes, like rape, assault, arson, and domestic violence, are based on false accusations. The false charges stem from mistaken identity, misleading forensic proof, misconduct by investigative agencies, malicious false blame, and misrecollection. In this situation, you need an experienced defense lawyer to challenge the false charges and contest the baseline charge to avoid a wrongful conviction.

False Accusations Definition

False allegations or accusations happen when you are suspected of committing a criminal offense you did not commit. However, the allegations should be dropped if you or your attorney can demonstrate that they are false. False convictions happen when a factually innocent individual is found guilty by the court and sentenced to prison or jail.

Being deemed factually innocent of a crime means you did not engage in the alleged offense or could not have participated based on the circumstances. Domestic violence is the most prevalent crime you can be wrongfully accused of because the court does not require proof of physical injuries. The cases are usually based on your word against that of the accuser. Also, spouses can lie about domestic violence to put the other partner on the wrong side of the law. Other crimes for which you can face false accusations are:

  • Theft crimes.
  • Murder.
  • Drug crimes.
  • Sex crimes, especially rape.

An excellent example of false domestic violence accusations is the case of Jane, who discovers that her husband has been having an extramarital affair. Out of spite, she calls the police and informs them that her husband attempted to punch her. The cops apprehended the man and put him at the local police station. Under the circumstances, Jane’s husband is falsely suspected of a crime and risks criminal charges and conviction. Nevertheless, the court will dismiss the case if the spouse demonstrates the allegations are untrue.

Wrongful Conviction Statistics

Statistics from the National Registry of Exonerations show 2,372 exonerations have happened in the US from 1989 to 2018. Out of 151 dismissals reported in 2018, the exonerations done in 2018 were as follows:

  • One hundred and one violent felony exonerations comprised 68 murders, seven child abuse sentences, and ten sexual assaults. Out of the 68 homicides, two of the convicts were serving a death sentence.
  • 33 drug crimes discharges.
  • 70 convictions where no convicts were factually innocent or no offense was committed.
  • 31 exonerations involve mistaken identity.
  • 107 exonerations based on misconduct by officials.
  • 19 exonerations based on false confessions.
  • 111 exonerations based on perjury.
  • 23 exonerations were hinged on complete or partial DNA proof.
  • 49 exonerations were hinged on defendants pleading guilty.

Out of the 151 cases, only 70 were based on factual innocence, meaning the convicts were found guilty of crimes that never happened. Nevertheless, the statistics suggest that false accusation cases are rampant, and many innocent defendants end up with wrongful incarceration.

In this case, the term exoneration means the court has reversed a guilty verdict. Therefore, when you are said to have been exonerated, you were falsely suspected of a crime and ended up with a wrongful sentence. Therefore, the number of acquittals helps estimate wrongful conviction figures.

Reasons for False Allegations

False accusations occur for many reasons, including:

Mistaken Identity

A victim or eyewitness to a crime can mistakenly identify you as a crime perpetrator even though you did not engage in its commission. Many studies have been conducted on the issue of mistaken eyewitness identification, but the problem persists. Mistaken identity is common during:

  • Lineups where suspects are lined up before a witness for identification.
  • Photo arrays which involve showing eyewitnesses photos of alleged perpetrators.
  • Show ups.
  • Voice lineups which involve the witness listening to the voices of alleged victims.
  • In-court identifications where the witness or victim points out the alleged perpetrator.

In your case, the negative side of mistaken identity is that it has a ripple effect. Once the victim or witness mistakenly identifies you as a perpetrator in a lineup or shows up, they will continue identifying you even during the trial because they have created a new false memory about you.

Mistaken identity can happen due to race impact when a victim has difficulty identifying an individual from another race. Again, when a crime is committed using a weapon, the victim or witnesses focus more on the gun and less on the culprit’s face, leading to misidentification. Stress can also contribute to mistaken identity because if a victim has been through a violent incident, the ability to recall details is diminished.

Lastly, police have been known to influence witnesses to identify specific suspects as the perpetrators of a crime. The cops can do something that makes a suspect stand out, which makes it easy for the witness to identify them as culprits when they are not. Nevertheless, California has imposed laws to make lineups more reliable by preventing officers from influencing witnesses.

Cops and other authorities do not do their due diligence during investigations. At the same time, witnesses have imperfect memories, leading to the persistence of mistaken identity cases and subsequent wrongful sentences. Due to this, defendants face subtly suggestive and unreliable protocols, while innocent people face incarceration for offenses they never committed.

Even if you are involved in a criminal charge because of mistaken identity, there is still hope for you. All you need to do is contact an attorney with experience handling criminal trials, and they will find a way to dismiss the case.

Police or Official Misconduct

You could end up with false accusations and possible wrongful convictions when police engage in inappropriate conduct that violates your civil rights. Your constitutional rights that the authorities can violate by engaging in misconduct are:

  • Protection from illegal searches and seizures.
  • Privacy right.
  • Freedom of speech.
  • Protection against harsh and unusual retribution.
  • The right to due process of the law before deprivation of life, freedom, or property.

Authorities in these cases refer to state actors like cops, sheriffs, or other law enforcers like the DEA.  

Police engage in misconduct leading to false charges and convictions when they commit perjury by lying under oath in the trial, police reports, grand jury testimony, or an affidavit to acquire a search or apprehension warrant. Perjury often leads to the generation of false evidence, which they use to build false allegations against you.

Also, police engage in misconduct during investigations when they ask witnesses leading questions instead of open-ended queries.

An example of an open-ended question is, “What transpired after?”

The question is intended to preserve the accuracy of the witness’s memory. However, when an officer asks leading questions, they cause the victim to create new false memories, leading to false allegations.

Malicious False Allegations

An accuser or victim of a crime can blatantly lie to the authorities when giving a statement to implicate you. These cases are common when couples undergo a contested divorce, and one spouse seeks an advantage over the other in a child custody issue. Also, a teenager can wrongfully accuse parents of child abuse to punish them. Ideally, government officials should know when a witness is lying or has ulterior motives, but this does not prevent people from being falsely accused of crimes.

Misrecollection

Another common reason you could be falsely blamed for a crime is misrecollection. This happens when a victim or witness makes errors when remembering information about a crime.

Lastly, you can face false allegations when forensic experts exaggerate hair or DNA analysis to make a compelling case to secure a conviction.  

What to do when Faced with False Allegations

False accusations can ruin your life and reputation. Sadly, these cases are prevalent in divorce and child custody cases. Also, a co-worker can falsely accuse you of sexual harassment, and this could cause you to lose your job. If you find yourself in a situation where you are faced with false allegations, do not assume that you will win because you are factually innocent. You will have a wrongful conviction if you do not build a solid defense against the accusations. Several ways are available to fight false accusations. These are:

Keep Calm

False accusations of violent felonies can be devastating, both physically and emotionally. Once you learn someone is falsely accusing you of a violation, it is natural to lash out and want to defend yourself. Despite your anger, you should stay calm because these are mere allegations and do not mean that you are guilty. If you act irrationally or angrily, especially in a child custody case, the accuser could use this as evidence to show the court that you are unfit for parenting, denying you both visitation and custody.

Therefore, be very careful how you react and take time to ponder your next action. If you are under arrest, do not try to talk yourself out of the situation because you could make self-incriminating statements, increasing the chances of a wrongful conviction. Contact a criminal defense attorney instead of responding angrily or explaining your side of the story to the authorities.

Enlist the Services of a Criminal Defense Attorney

The most appropriate step when dealing with false allegations is to stay silent and contact an experienced attorney to fight the accusations.

It can be tempting to go through the case alone to clear your name because you are innocent. However, this will be significantly challenging, considering you are unfamiliar with court processes. Hiring an experienced defense legal team will simplify the process for you because they will do the following:

  • Interact with government officials to identify errors in the criminal case.
  • Deal with hostile victims and witnesses on your behalf.
  • Identify false and misleading proof.
  • Negotiate with the prosecutor for a favorable plea deal.

You will need a plea deal if all the evidence points against you and a conviction is imminent. In the circumstances, the attorney will negotiate a plea deal, which, when granted, allows you to plead guilty to a lesser offense, leading to a more lenient sentence.

Even if you are afraid of legal fees, enlisting a criminal attorney's services is an effective way to deal with false allegations. Do not wait too long before hiring a profound legal representative to begin gathering evidence early and craft a robust defense.

Do a Pre-file Investigation

Once you consult an attorney about the untrue accusations, the attorney will begin an investigation to gather evidence. Investigations conducted on allegations of a crime before formal charges are filed in court by the prosecutor are known as pre-file investigations. These inquiries aim to collect the evidence necessary to show the court your side of the story.

Your attorney will start these investigations by finding eyewitnesses that the cops have already identified and finding new ones. By having your attorney interview the accuser’s witnesses, the attorney can identify the weaknesses in their statements and use them to challenge their testimony. Besides, talking to new witnesses can help you find evidence through videos, emails, or photos that can help prove your innocence.

In criminal cases, the prosecutor has the burden of proof and must prove the allegations against you beyond moral certainty. Therefore, your defense attorney only needs to poke holes in the prosecutor’s evidence and put doubt in the jury's minds about the allegations. Presenting an alibi is a great way to show that there is no way you could have committed the alleged crime because you were with someone else at the time or in a different place when the offense happened.

For example, when you are accused of engaging in an offense of domestic violence at 8:00 p.m. on a Friday, but your attorney finds an alibi that puts you in a grocery store at the time, the court will find you innocent of the allegations. The attorney can also use the store's video footage to show your location during the crime.

Immediately after you hire an attorney, provide them with all the evidence that can help prove your innocence and simplify the process of gathering evidence. The proof you can furnish your attorney with includes the following:

  • Phone records.
  • Particular video footages.
  • Pictures taken on the day of the alleged offense.

Also, ensure you write down the events leading to the allegations because you could forget crucial information in your testimony. Once you have your version of the story in writing, you should give it to your attorney for validation.

Pre-file investigations effectively fight false accusations because once the attorney has compelling evidence before the charges are filed, it becomes easy to convince the prosecutor not to file charges or bring charges for a lesser offense.

For instance, instead of charging you with domestic violence, evidence from early investigations can convince the prosecutor to charge you with disturbing peace, which is a lesser offense and attracts less strict penalties.

Impeach the Accuser’s Credibility

Impeaching or challenging an accuser’s credibility means providing proof that makes the jury question their motive for accusing you of the crime.

During the trial, your attorney will be given the chance to cross-examine witnesses. An experienced attorney will ask questions to show facts that reveal poorly on the victim regarding their truthfulness. The attorney can even call the accuser to the stand and ask questions regarding their truthfulness under oath. Also, you can present evidence that the accuser has a history of lying or lacks knowledge of the crime they are accusing you of.

Bring a Civil Claim against the Accuser for Malicious Prosecution

Under certain circumstances, you can take civil action against your accuser for malicious prosecution and defamation. In the claim, you assume the burden of proof and must demonstrate the following:

  • The defendant brought a frivolous claim against you, the claimant.
  • The suit was filed for other reasons like harassment.
  • You suffered damages due to the lawsuit.

If you prove these elements with a preponderance of the evidence, the civil court will award you both general and economic damages. The special damages the court will award include:

  • Litigation costs.
  • Attorney fees.
  • Medical and psychotherapy costs.
  • Court fees and fines.

The general damages include:

  • Emotional distress.
  • Dented reputation.
  • Pain and anguish.
  • Emotional distress.

The specific compensation the court will award depends on your case’s factors.

Take a private Polygraph

You can undergo a private polygraph test, and if you pass, the attorney can use the test results to compel the prosecutor to drop the charges. The test results are confidential and cannot be admitted as evidence. Therefore, if the results are favorable, you can use them, but nobody has to know if you fail the test.

Find a Knowledgeable Criminal Defense Attorney Near Me

Navigating false accusations is complex, and the stakes are high, considering a wrongful conviction will result in incarceration and hefty fines. If you are convinced you are a victim of false allegations, you must defend against the allegations with the assistance of a defense attorney. At the Los Angeles Criminal Attorney, we can prevent an accuser from denting your reputation. Contact us today at 424-333-0943 to discuss your case and legal options.