Being accused of something you didn’t do is a stressful situation that can have major consequences for anyone. It may be a matter of misunderstanding or an act of malice, but either way, the results of such an accusation can be devastating and life-altering if not dealt with immediately.
More than a legal matter, false accusations often create irreparable damage to one’s reputation and social life, as well as one’s mental health. It can take years to rebuild a reputation after having been publicly accused of a crime you did not committ.
However, there are legal options for those who have been wrongfully accused of a crime. It is well within the right of falsely accused individuals to file a lawsuit for defamation or malicious prosecution. A criminal defense lawyer can assist the accused in investigating and filing civil suits to compensate victims for their trouble.
For Philadelphia residents who are being wrongly accused of a crime, a Philadelphia criminal lawyer can help you seek justice for any damages caused by the allegations.
What Constitutes a False Accusation?
A false accusation is when a person is misidentified or wrongly accused of committing a crime, breach, or misconduct as a result of a misunderstanding or intentional deception.
When dealing with a false accusation with criminal charges, it is important that all individuals understand their Constitutional rights when being approached by police.
The Fourth Amendment protects individuals against unreasonable searches and seizures. Oftentimes, this means that law enforcement must first procure a warrant, which is a consent to search granted by a judge or opposing counsel if they can demonstrate probable cause.
Officers may still ask to search your premises, but it is recommended to decline voluntary searches, even if you are innocent, as it is generally an invasion of privacy, and they may find unrelated evidence.
Some evidence that may be presumed true at first glance or during an initial claim may later turn out to be inadmissible, rebuttable, or no longer relevant. Such evidence is sometimes described as prima facie evidence.
Police officers must read you your Miranda rights, which is a statement that informs someone of their right to remain silent and their right to an attorney. This is so that victims do not wrongfully incriminate themselves in a not-so-perfect system, which is why it is recommended you do not answer police questions without the presence of a lawyer.
Wrongful convictions could also be a result of mistaken identity, sometimes due to incorrect DNA evidence or misleading forensic evidence.
In cases of malicious prosecution, law enforcement could use abusive tactics of interrogation to get false confessions.
Steps to Take If You Are Falsely Accused of a Crime
For those facing false allegations and are approached by law enforcement, the first step is contacting an attorney to mediate the situation.
A criminal attorney can conduct a pre-file investigation, which is an investigation over criminal allegations before formal charges are filed. The attorney will need to gather supporting evidence to prove your innocence.
During this time, it is important to write down a recollection of events and inform your lawyer of evidence that may exonerate you.
It is also important to keep a low profile during this legal process. Avoid contacting the victim or witnesses, and avoid making any social media posts about the case. Controlling your emotions, however difficult, is crucial so that you are able to make reasonable decisions while dealing with accusations.
If you are exonerated from charges, you may be able to take legal action against the accusers. Wrongfully accusing someone of committing a crime is a crime in itself, so victims can sue for damages and receive compensation while also publicly restoring their image.
What to Expect During the Legal Process
An attorney can help you navigate the legal process of filing claims and gathering evidence. They will look for inconsistencies in witness testimony, intent motive from the accuser, narrative shifts, and inaccurate documentation from the defendant side.
Your lawyer will need to prove certain damages in a case of defamation, which may include:
- Employment impact: Criminal charges, even if temporary, can prevent someone from finding work or cause them to lose their current employment status.
- Social consequences: A criminal charge may paint someone in a different light and lead to family, friends, and neighbors to withdraw.
- Reputational damage: Even if proven innocent, it can take a long time to build back one’s reputation as a faultless person.
- Emotional trauma: In some cases, public accusations of a crime may lead to threats, hurtful comments, or negative social interactions that cause psychological trauma for the accused.
- Criminal records: In the event of a false conviction, a criminal record, even if temporary, affects aspects of a person’s life, like obtaining licenses or purchasing weapons.
Each of these examples are instances in which the plaintiff was negatively affected and can be financially compensated.
An attorney can also enter evidence to impeach the accuser, which means to undermine their credibility or question their intent.
How Can an Attorney Help in My Criminal Case?
If you’ve been wrongfully accused of a crime in Philadelphia, you can hire a Pennsylvania criminal defense attorney to build a strong defense for your case, and help you in the aftermath to pursue compensation for damages to your reputation.
At the law offices of Lidia Alperovich, our firm has experience in winning exonerations, and helping clients through difficult times. For more information, contact us today.