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The Georgia Innocence Project reports that four to six percent of people in prison in the United States are innocent of the charges against them. It’s an alarming statistic. False allegations can severely damage your reputation and impact your life. It’s important to know how to deal with false accusations.
At Shealey Law Firm, our experienced Columbia criminal defense lawyers represent individuals accused of false accusations. If you’ve been accused, whether or not you have been charged already, please contact us.
How Can You Defend Yourself When You Have Been Wrongfully Accused?
If you have been wrongfully accused, don’t speak to anyone, including the police. Don’t email, text, or post on social media.
Gather evidence that may exonerate you, such as messages, phone location data, and documents. Identify witnesses who may help your case. Work with your lawyer as early as possible to build defenses, confront your accuser, and fight the allegations.
Common Types of False Accusations in South Carolina
False allegations can occur in almost any circumstance:
- Domestic violence
- Shoplifting, theft
- Child abuse
- Drugs
- Sexual assault
- Embezzlement
- Workplace misconduct
- Harassment, sexual harassment, stalking
False accusations may involve crime, workplace misconduct, or personal conduct. There are many reasons why someone may falsely accuse, such as wanting to control a relationship, gaining the upper hand in a divorce or custody battle, protecting their own reputation, or seeking a payday from a lawsuit.
Why False Allegations Are So Dangerous
False allegations are dangerous for the accused for several reasons:
Many cases rely on witness testimony
Witness testimony is often the primary evidence in criminal or civil cases. It can be powerful and convincing. It can be hard to show that someone isn’t telling the truth.
The consequences can be severe
The consequences of a false accusation can be severe. You may experience:
- Wrongful conviction
- Employment action
- Money judgment against you
- Restraining order
In addition, a wrongful conviction can come with secondary consequences like registry on a sex offender list, firearms restrictions, revocation of legal status, and others. It can also damage your reputation in the community.
The process of proving your innocence
Even if you’re exonerated, proving your innocence can be financially, emotionally, and personally draining. The legal process can take months. You may have conditions of the bond the entire time. Your friends and family may look at you differently. It can take time, energy, and resources to build your case.
Immediate Steps To Take If You’ve Been Accused
If you’ve been falsely accused, there are important steps to take.
Don’t say anything
The first thing to do is stop talking. You may want to explain what happened, but people may use your statements against you in ways that you might not expect. They may twist your words.
If the police ask to talk to you, say no, thank you, and that you have a lawyer. Don’t talk to friends or family members because they may testify against you. Don’t post on social media, especially about the accusations.
Avoid your accuser
Don’t give your accuser more opportunity to make things up. Avoid them, and don’t react emotionally. If they contact you, document it, but don’t respond.
Gathering Evidence and Protecting Your Rights
Gather whatever evidence you can. You can identify witnesses that your lawyer can contact for statements. Save text messages and emails. If you have tracking on your phone, it can help confirm your location. Your lawyer can help you compile this information to build a complete defense. In addition, your lawyer can look for surveillance footage and records that may be in someone else’s possession.
Legal Strategies To Disprove False Claims
Sometimes, it’s best to immediately approach the prosecutor or another party handling the case against you if it’s not a criminal matter. It’s possible that the information you present could result in charges being declined or dismissed. If you choose to approach the prosecutor with evidence, it’s important to have help from a lawyer. A lawyer can determine if offering evidence is in your best interest.
In some cases, it’s best to keep your evidence until the hearing or trial. You have the legal right to confront your accuser. It may be best to wait until the trial, so the accuser doesn’t have time to think of dishonest responses.
Going on the offensive may be an effective strategy. It may be appropriate to file your own civil suit for defamation or wrongful prosecution.
How a Skilled Columbia Criminal Defense Lawyer Can Clear Your Name
A skilled Columbia criminal defense lawyer can aggressively fight false accusations. They can gather evidence and determine how to present it. A lawyer can arrange for chemical testing if the accusations involve drugs or other substances. They can engage an analyst if the accusations involve documents or electronic records.
Your lawyer can cross-examine anyone making a false statement. They can ask the judge to dismiss the case for insufficient evidence or make arguments before the jury and ask for a not guilty verdict. Your attorney can tailor the defense to your situation and provide legal advice and guidance when you need it most.
Contact a Lawyer
If you’ve been falsely accused, you deserve a strong defense. The team at Shealey Law Firm is here to fight for you. We’re taking new cases—reach out today.