Many people are accused of crimes they didn’t commit. The reasons people file false complaints or the police file charges they know they can’t support vary. What doesn’t vary is that if you are accused of committing a crime, whether you committed it or whether you are perfectly innocent, you need to ask to speak to your lawyer. You should not give a statement to the police, because that statement could be used against you. You should not discuss the false accusation online, with friends, or with any officials – because your posts and discussions could hurt you. Contact an experienced criminal defense lawyer at once.

As we’ve written, being arrested for a crime you did not commit is devastating. It can take a long time and a lot of legal work to restore your reputation and your career.

Why are people falsely accused of committing crimes?

According to Psychology Today, trying to defend yourself once a false accusation is made public can be torture. The sense of helplessness can be hard to overcome.  The consequences of a false accusation are not confined to having to defend the criminal charges. False accusations can cause severe emotional trauma, which could lead to unbearable humiliation and even suicide.

People may falsely accuse others for different reasons. Some accusers are bullies. Some may be seeking revenge. Some false accusers may see a certain thrill in watching someone else squirm.  Psychology Today says that “it is widely known that people with certain kinds of pathology are brilliant at looking like victims when they are actually perpetrators.”

How do the police and local citizens falsely accuse people of committing criminal offenses?

False arrests often involve police misconduct. A few examples include:

• Being arrested without a warrant or without probable cause that a crime was committed
• Warrants that are issued based on false information
• Malicious or vengeful purposes
• Dishonest officers who plant evidence
• Untruthful statements by the police officer

The Washington Post reported that a study by the National Registry of Exonerations found that:

Police and prosecutors are rarely disciplined for actions that lead to a wrongful conviction. Researchers found that 4 percent of prosecutors involved in those convictions were disciplined, but the penalties were “comparatively mild” and only three were disbarred. Police officers were disciplined in 19 percent of cases leading to wrongful convictions, and in 80 percent of those cases, officers were convicted of crimes.

Examples of false accusations made by non-law enforcement officers include:

• Statements by the person who did commit the crime. The real criminals may try to take the spotlight off themselves by blaming someone who was not involved in a criminal offense.
• Domestic disputes. Some spouses, family members, and children may falsely accuse another spouse, parent, child, or other relative to gain an advantage in a divorce, custody, domestic violence, or other type of family law proceeding.
• False identifications. Some accusations are based on false identifications. A victim may identify someone in a lineup that looks like the person who committed an offense – when that person in the lineup was not involved in the offense in any way. Some victims may falsely identify someone because they know or have seen the person they think committed the offense – when another person who looks similar caused the offense. An experienced lawyer can help by ensuring that the lineup is fair and non-prejudicial. All of the people in the lineup should match the victim’s or the witness’ description. Race and other physical characteristics may also be the reason for a false identification.

What should you do if you are accused of committing a crime you did not commit?

Contact your criminal defense lawyer as soon as possible. Some of the practical steps you can take include:

• Document your innocence. Collect all records such as emails, documents, letters, GPS records, and receipts to confirm where you were when the alleged incident happened, to show you weren’t near the crime scene.
• Collect relevant information. Make a list of witnesses who may have relevant information about the accusations or the incident.
• Avoid contact with the accuser. If someone falsely accuses you of a crime, it’s not reasonable to think they’ll be cooperative. They might very well try to use the conversation against you.
• Contact your lawyer. You have a Constitutional right to speak with your lawyer or to have your lawyer present if the police, a local prosecutor, or any law enforcement officers ask to speak with you.
• Don’t make any statements. Many people falsely accused of crimes say things that can lead the police to make an arrest. Some people have even confessed to crimes they didn’t commit because of the pressures of questioning by the police.

At Banks and Jones, we’ve been fighting for people accused of crimes for more than 20 years. We understand how frightening it is to be accused of a crime or arrested for a crime – especially a crime you did not commit. We have the personal, practical, and legal experience to help you contest these false accusations in a calm, just, and effective manner. We can explain how to respond to false accusations and what happens if the accusations escalate into criminal charges. Our lawyers understand your rights and your defenses. You can be confident that we can move quickly to protect your reputation and your freedom. To discuss how to respond to false accusations, call our offices or complete our contact form today. We represent people in Knoxville and across Tennessee.