Criminal Defense

How to Defend Against Wrongful Allegations?

January 10, 2023 by Anastasiia Ponomarova in Criminal Defense  
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You may face incarceration, supervised probation, and heavy penalties if falsely accused of a crime. However, even if you are found innocent, you may suffer irreparable harm to your reputation.

Many consider it given that justice will be served through the legal system. However, this is not always the case. It might have serious consequences for the accused if they cannot provide a strong defense. Knowing what to do if you’ve been wrongfully accused in court is crucial. There is hope for clearing your name if you use the appropriate method and collaborate with an accomplished lawyer.

What Should a Wrongly Accused Person Do?

  1. Manage Emotions
  2. Managing your emotions is the first step in fighting false allegations. Knowing your feelings and if they are sensible may assist. People wrongfully accused of a crime can experience tremendous wrath, worry, despair, pessimism, or frantic avoidance. These sentiments are normal and do not reflect guilt. They may cause you to overreact and hurt the accuser and those who don’t believe you. Even innocent people feel guilty.

    Use relaxation, coping, and community support to manage your emotions. Importantly, whatever you say may be used against you in court. At this point, saying nothing is preferable to responding emotionally or unwittingly oversharing information.

  3. Employ a Defense Lawyer
  4. If wrongly accused of a crime, the most crucial thing is to remain quiet and seek legal counsel to safeguard legal rights.
    Defendants who know they are innocent of a crime should never feel they do not need a lawyer. In these circumstances, the requirement for a defense counsel is perhaps much higher. Since the case may involve:

    • Interactions with prosecutors
    • Examining inaccuracies in criminal accusations
    • Hostile accusers and witnesses
    • Inaccurate or misleading evidence, and
    • Guilty pleas to lesser counts.
  5. Gather Evidence
  6. Evidence is important in civil and criminal cases, especially when you’re being charged. Before trial, gather and arrange all available evidence:

    • Obtain witness testimony.
    • Invite witnesses to give you a testimony.
    • Assemble the proof of your innocence, organize it, and explain it to the judge.
    • Identify Individual witnesses (people who believe in your character and are willing to testify that you are trustworthy and likely innocent).

    Write your interpretation of the event as you remember it for either self-defense or criminal defense. Remember that the evidence need only attest to your innocence, not prove it. An excellent alibi example is an airline or bus ticket demonstrating you were abroad when the crime was committed.

  7. Challenge the Accuser’s Credibility
  8. After meeting with your attorney, you’ll start planning your defense against the bogus claims. The technique depends on the nature of false charges and whether you are in civil or criminal court. Your attorney may question accusers under oath. In all circumstances, attacking the witness’s credibility works.

    Does the accuser have a record? Why are they blaming you? Once you determine what the accuser obtains by making false accusations against you, you and your attorney may begin to show that the accuser is unreliable. Your attorney may ask pointed questions that make the accuser appear untrustworthy to judges and juries.

  9. Take a Private Polygraph
  10. Private polygraph exams are advantageous for falsely accused defendants. If defense counsel delivers the results, prosecutors may withdraw charges or consent to another polygraph. If the defendant passes again, the prosecution may consider their case insufficient to warrant prosecution. Private polygraph examinations are confidential until the defendant divulges them.

What are Some Causes of False Accusations?

A person may be unjustly accused of committing a crime for any of the following five reasons. Which are:

  • False identification. This occurs when a suspect is wrongly accused of committing a crime.
  • Misrecollection. This is when the accuser makes an error in recalling the specifics of the incident.
  • False charges made with malice. This occurs when an individual accusing someone of a crime knowingly lies to the police.
  • Official wrongdoing. This is when authorities abuse their power or commit misconduct when apprehending or prosecuting a criminal suspect.
  • False forensic evidence. Here, experts overstate statistical assertions to increase the effectiveness of their arguments. Professionals could overstate results when offering a DNA analysis or hair analysis.

Misidentifications often may place in police lineups. This is because even when the suspect isn’t in the lineup, witnesses often choose a person who most closely matches their recollection of the suspect.

Official wrongdoing may take on subtle forms while discussing it. Police must ask open-ended inquiries to maintain accuracy throughout investigations. However, there are situations when police make mistakes and offer “leading questions,” which lead to witnesses having incorrect recollections.

Need an Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

Common Causes of Wrongful Convictions
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Lara S.
December 3, 2019
Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. Jorge was extremely helpful too, the reason I went with this law firm. Overall pleased.

How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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