How to Prove Innocence When Falsely Accused
If you are falsely accused of something, remain calm and avoid displaying any type of emotional response.
An emotional response that displays fear, denial, or anger could be misinterpreted as evidence of guilt.
How to Prove Innocence When Falsely Accused
Criminal activity is a fact of life in our society. Wherever there is an opportunity for gain, there is the opportunity for illegal acts. While you may never be guilty of wrongdoing, you may be in the wrong place at the wrong time, or you may be a victim of someone else’s attempt to blame you for what they have done illegally. Or you may be a victim of mistaken identity. You could be a target of racial profiling.
You could also be wrongfully charged with a crime because law enforcement just needed a scapegoat and had to “arrest somebody.” You may have been seen near the scene of a crime and were assumed to be involved. You may have been somewhere else when a crime was committed but cannot prove it.
With all these possible reasons (and more) why you may be falsely accused of a crime, there is no need to panic, because there are also many ways you can defend yourself: starting with proving you were falsely identified.
Accusations determined to be false are categorized into three categories.
Defend Against False Identification
An eyewitness may wrongly identify you as the one who committed a crime. Eyewitness testimony can be very persuasive in court. But there are ways to discredit an eyewitness account, including the use of DNA and challenging any lineup that you are asked to be a part of (to be identified).
The process of making sure the lineup is fair and without bias can be better managed with the help of an experienced attorney. You (or your attorney) can ask for a blind administration of the lineup, meaning it will be conducted by someone other than the arresting officer and therefore by someone who does not know who the suspect is.
This will prevent the arresting officer from making comments to the eyewitness that may sway his or her judgment toward any particular member of the lineup – including you.
You or your attorney can also ask for a better lineup composition to make sure all the other people in the lineup are of a similar description so the “deck isn’t stacked against you.”
As further protection against any mishandling of the lineup, you can ask that the lineup is videotaped. Should you feel that there was some kind of misconduct in the process, you will have video evidence to support your claim.
Challenge False Admission or Confession
Most innocent people want to work with law enforcement in a cooperative manner to show their innocence. They may, however, say the wrong thing when talking to the police. They might feel threatened by the police, or by an opposing attorney. They might say too much or say something that can be construed as proof – or strong evidence of guilt.
If you are arrested and being accused of a crime, do not admit to anything. Even if you are just being questioned, give your name and address if asked. But do not answer any other questions. It is your right to remain silent, and you can state that right.
At any time, you can ask to speak to an attorney. The police must stop questioning you at that time. Do not engage in further conversation because the police can then resume their questioning.
If you are arrested, the police must tell you why you are being arrested and read your Miranda Rights to you – which include the right to remain silent and the right to an attorney, even if you cannot afford one.
Question Improper Forensic Science Procedures
Forensic science is the application of scientific study as part of criminal investigations. It is an area where many different methods can be used to try to connect suspects with crime scenes or victims.
But forensic methods are not always carefully or properly carried out. The results can be erroneous. Any errors of process or outcome can be identified by a trained attorney, and any evidence suggested by these methods can be thrown out of court. You or your attorney can ask to have your own forensic expert brought in to challenge any findings.
Be Aware of Government Misconduct
People who are arrested, even those who are wrongfully arrested, might believe that the legal “system” always works a certain way with everyone involved doing their jobs according to the law. This may not always be the case.
Just as there are criminals on the street giving in to temptation and seeking some kind of gain for themselves, there may also be law enforcement officials and/or prosecutors with motives that lead them to be dishonest in their execution of duties.
If you think this kind of misconduct is happening to you, or you feel you are being “railroaded,” talk to your attorney or the judge about it. Do not let the assumed “power of attorney” be so powerful that it can convict you of a crime you did not commit.
Be Informed About the Role of Informants
Informants are people, usually on the streets, who give law enforcement officials information about crimes and possible criminal activity. Many of these people are known to police because they are former criminals themselves.
It is very possible that informants can lie about what they say they have seen or heard. They may be trying to help police for their own reasons. They may be trying to cover up for friends or even for themselves. If you know they are lying, tell your attorney. Their testimony can be called into question because of their background or their ongoing relationship with the police.
Recognize Inadequate Defenses
You may be defended by an inexperienced or incompetent attorney. If you are inadequately represented and your attorney makes obvious mistakes during your trial, it can lead to you being wrongfully convicted.
(If this does happen to you, you can appeal your conviction and raise this issue at that time.)
Hire An Attorney
You do have the right to an attorney. If you can’t afford one, the court will appoint a public defender for you. Even if you have been wrongfully accused of a crime, you should contact an attorney for advice on how to proceed with a possible defense against further action.
There are many ways a lawyer can help you if you are charged with a crime. He or she can help you put together your alibi and a list of anyone who saw you at the time the crime was committed. Your attorney can interview these witnesses, get their statements, and videotape the interviews in case the witnesses are not available for trial.
Your attorney will also gather hard evidence of your innocence including ATM transactions, credit card purchases, phone records, business office or retail store surveillance videos, and any other documents or electronic proof of where you were at the time of the crime.
It is in your best interest to have the best possible defense when you are falsely accused of a crime, possibly wrongfully convicted or wrongfully imprisoned. A qualified attorney is your best defense for preventing conviction or, if necessary, for getting an acquittal upon appeal.
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