Falsely Accused of a Crime: What to Do

If you were falsely accused of a crime, you can take steps to help ensure that you are not found guilty. This guide discusses what you can do to get your charges dropped.

If you are facing charges in New York City, contact NYC criminal lawyer Cody Warner for a free consultation. We can discuss your case and develop the best defense strategy to get your charges dropped.

Let Your Lawyer Do the Talking

Oftentimes, the police will ask you for your side of the story. The police may ask you to speak after you are arrested, or a detective might contact you before you are arrested and ask you to speak with them.

Regardless of whether you are speaking before or after you are arrested, your words will rarely make a difference. In other words, the police already know whether they are going to move forward with arrest charges. Nothing you say will likely change that. The police don’t always ask for your side of the story because they want to determine the truth. Instead, they are simply trying to build a case against you.

If you speak to the police and give them your side of the story, the police will likely cherry pick your statements. The police may ignore your statements that undermine their theory of the case. At the same time, they will credit your statements that help support their theory of the case.

The bottom line is that professing your innocence to the police is unlikely to get you anywhere.

On the other hand, your lawyer can speak with the police and prosecution about what really happened, yet your lawyer’s statements can’t be used against you. Therefore, you should let your lawyer do the speaking on your behalf.

Gather Exonerating Evidence

When you are falsely accused of committing a crime, you should collect evidence that proves your innocence.

Such evidence can include video footage, records, witness statements, and other items. Your lawyer can issue subpoenas to third-parties for evidence. For instance, if you are accused of shoplifting inside of a store, your lawyer can subpoena the video footage from the store. A subpoena has the legal force of the court demanding material, and the recipient can face sanctions if they don’t comply.

Once your lawyer has the exonerating evidence, he may choose to present the material to the prosecution in effort to get your charges dropped. The decision of whether to present the material to the prosecution up front or reserve it for trial depends on the evidence. In some cases, the exonerating evidence will be enough to convince the prosecutor to drop the case. In other cases, the evidence won’t be enough for the prosecutor to drop the charges but can create reasonable doubt in the jurors’ minds.

Investigate Biases and Motives for the False Accusations

In some cases, a person falsely accuses someone of a crime, but the accused can’t get exonerating evidence. For instance, in a domestic violence case, the alleged victim may say that the defendant threatened to kill the alleged victim. In such a scenario, the incident may not have been captured on camera or observed by other witnesses. Therefore, the accused can’t obtain objective, exonerating evidence.

However, in such situations, the accused can highlight the bias and motives to lie held by the alleged victim that makes him or her untrustworthy. For instance, if the accuser is mad at the defendant for infidelity or is in the middle of a divorce or child custody proceeding, the accuser may have strong bias against the accused and have motives to lie to affect the outcome of the other proceedings.

At trial, your lawyer can cross-examine the accuser about his or her biases and motives to lie, which can help show the jury that the accuser cannot be trusted.

Take Your Evidence to the Prosecution or Jury

The decision of whether to present the prosecution with the exonerating evidence and bias or motives of the accuser depends on the specific evidence and the facts of the case. Unfortunately, many prosecutors will still believe the accuser even after the defense presents exculpatory evidence. In those situations, by giving the prosecution the evidence up front, the defense simply gives the prosecution time to prep their witnesses for the defense’s arguments.

Other times, the exonerating evidence is so strong that the prosecution can’t ignore it, and they will drop the charges.

Your lawyer can assess the evidence that shows your innocence and determine when and where to reveal the information.

Need Help with a False Accusation?

If you were falsely accused of a crime in New York City, contact Cody Warner, P.C. for a free consultation. We can assess your case and develop the best strategy to fight the false accusations.