What to Do If You’ve Been Falsely Accused
Those who serve in the legal and justice systems are committed to doing their best to uphold the law and ensure there is order in their communities. But, that being said, mistakes can happen. In the world of law, more than any other industry, these mistakes can have more threatening consequences. Depending on the crime and the circumstances, this can be a very complicated situation to navigate. In this week’s blog, we are going to walk through the most basic steps to help you understand what your rights are if you’ve been falsely accused. If you are seeking legal representation or advice, the trusted attorneys at Sutton & Lovette Law Offices are here to help!
What Are My Rights?
The most common first step in these circumstances is getting stopped by the police. This can happen in many different ways. It can happen in-person somewhere in public, at your home, or while you are driving or in a vehicle. In this situation, your first right is the right to remain silent. As we hear when we’re discussing Miranda Rights, the police should tell you that “you have the right to remain silent and anything you say can and will be used against you in a court of law, etc.” Along with that, you do not have to consent to a search of anything unless the officer has a warrant. This means they cannot search any of your property without one.
If you are not being actively arrested, you also have the right to leave. It is always smart to first ask if you are free to go before you do so, though. If this confrontation results in your arrest, you are owed legal representation, either privately hired by you or provided by the courts. It is wise to also wait to tell your side of the story to legal officers until your lawyer, hired or provided, is present.
The Police Arrested Me, What Now?
At this point in the case, the police may have enough information to arrest you, but not to prove that you’re guilty. After the police put together a report, there are a few ways the case can go. The prosecutor may; use the information to decide whether or not you can be charged with a crime, present the information to a jury and let them decide, or decide it is not worth pursuing and drop the case entirely. If they decide to move the case to a grand jury, that is called an indictment. This is different from a regular jury that decides if the defendant is guilty or not, but decides whether or no there is enough evidence in the case to even file criminal charges.
Throughout this process, you are always allowed to have your defenses available, like your lawyer. If you are falsely accused, work closely with your representation to make sure all of the proof is provided to whoever needs to see it, whether that be a prosecutor or a jury.
Pro Tip: Keep Your Story Off of All Media Platforms, Social or Otherwise.
In a lot of cases, arrest records are public information and can be found either in records or on the internet. Reporters are able to see if you’ve been arrested or not. This may result in them seeking you out for commentary on the situation. This can also happen with anyone else that may be involved in your case. Generally, giving in to these requests is an unwise thing to do and something we don’t recommend. It might be tempting to get your side of the story out there, but in a lot of cases it does more harm than good and can make it harder for your attorney to approach the case.
It is always best to listen to the advice from your attorneys when it comes to news outlets and providing comments on the situation or what you have experienced personally. At some point, your attorney may recommend some kind of media statement, but until then, it is best to stay away from this scene and keep all of the information you currently have to yourself. In recent years, this advice has extended to social media sites. What you write, post, or publish to social media is public information (whether your account is private or not) and is allowed to be used against you in court. Commenting on anything that surrounds your case is not a good idea and could, again, make things harder for your attorney to handle in the long run. If you have already posted something to any of your accounts, though, don’t take it down. This could make you look like you’re trying to hide something and sway the opinion of a judge or jury.
Keep All of Your Options On the Table
If you have been falsely accused, even if you win your case or get it dropped in your favor, an accusation like this can affect other areas of your life. It can damage your reputation, harm your public perception, and even affect your personal relationships. Because of this, you might want to consider suing for defamation. In a claim like this, you have to provide evidence that your reputation suffered during the case, whether through word of mouth (slander) or publications in print or online (libel). If you’re successful with this, it can restore some of your reputation and begin to rebuild your public perception and set you back on your previous path. Most people end up pursuing this avenue if they lost their job during a case. Winning a defamation suit can get you your job back in this instance. If you’re not sure, an attorney will advise you on whether it makes sense for your particular situation. It doesn’t reverse the time you spent under hard scrutiny, but it can help to rebuild some things it may have broken.
Contact an Attorney at Sutton & Lovette Today
When the law fails you, we are there to help you pick up the pieces. Our experienced attorneys are ready to help you prove your innocence when you’re falsely accused. We will guide you on the right path to making sure that you are treated fairly. For more information on how to get started or for a consultation, contact us today at (814) 471-7702 or suttonandlovette@gmail.com.