What Do You Do If You're Falsely Accused of a Crime

It happens more often than you might think. An innocent person's life is thrown into shambles because of a false accusation or mistaken identity.

The police show up and start asking you questions. They're saying someone accused you of rape, theft, or fraud. You're innocent, but they don't believe you. You're being falsely accused. What do you do?

Here are three things you should keep in mind if there are false allegations of a crime.

Don't Say Anything

Anything you say can and will be used against you. If law enforcement officers show up at your door asking you questions about the alleged incident, don't panic. You don't have to explain yourself or your actions right there. Something that you believe exonerates you might actually end up being used against you. And remember that police don't have to read you your Miranda rights until you are in custody and being interrogated. You can still exercise your right to not say anything until you have your attorney present.

Talking with anybody else about "your side of the story" is also risky. Your statements to your mother, brother, and sister are not necessarily privileged, and they may be subpoenaed to testify against you later on, whether they want to or not. Also, don’t confront your accuser. It never does any good and can lead to conflict and further legal problems.

While statements you make to another person outside of court are usually hearsay and inadmissible, there are many exceptions. Any inconsistent statements or "false statements" you make can be introduced in court to discredit you. Even getting the facts wrong, which can be easy to do, can make it seem like you are making a false statement and lying to get out of trouble.

Any admissions you make could potentially be introduced in court under the hearsay exception of party admissions. This includes text messages and anything you say on social media so you need to stay silent to protect yourself.

Call an Attorney

The one person you should definitely talk to is a criminal defense lawyer. Your conversations with your attorney are protected under attorney-client privilege. Feel free to blab away to your attorney. The more information you can give your attorney, the better equipped they will be to:

1. Deal with the accuser's threats. If an accuser is threatening to falsely report you to the police, this is considered malicious prosecution. Your attorney may be able to convince the accuser that a false accusation will only lead to problems for them, not you. Anything you can provide to your attorney about the accuser’s credibility will be important along with any physical evidence that may be in your possession that can help prove your innocence. People shouldn't pursue a civil case or civil lawsuit without grounds or probable cause, but that may not stop them from making a false report against you.
2. Protect you from incriminating yourself. You are entitled to have an attorney with you whenever the police want to question you. Listen to their legal advice during any questioning and follow their instructions.
3. Determine if charges have actually been filed. Have criminal charges actually been filed? For what crimes? Are the charges misdemeanors or felonies? What step of the legal process is the criminal case in?
4. Negotiate with the prosecutors. If there is little or no evidence of wrongdoing on your part, your attorney may be able to negotiate with the prosecutor and try to get the charges dropped or lessened, depending on the situation.

You may have a false imprisonment case if you are sent to jail. The criminal justice system doesn't always get things right, and you'll need an attorney to sort things out. There are groups like the Innocence Project and the Equal Justice Initiative that have worked with many people who have been wrongly accused or convicted.

Even if you don't go to jail and a false accusation has been dismissed, you may still need your attorney for a defamation case.

Sue for Defamatory Statements

A false accusation doesn't just land you unfairly in jail. It can ruin your reputation. It can hamper your future career. It can cost you thousands of dollars in legal fees.

If you've been falsely accused, you may have a claim for defamation of character. In a claim for defamation, be it libel or slander, you would have to show that a defendant's statement to a third party harmed your reputation and caused you damages. False accusations of serious crimes are often considered libel per se.

If you've been falsely accused, suing might be your next legal action. An experienced criminal defense attorney may be able to help you protect your rights and assess your options.

If you have been falsely accused of a crime make sure to obtain legal representation as soon as possible so they can help you gather evidence and protect your legal rights.

Related Resources

• Pa. Man Falsely Accused as Rapist Gets $85K (FindLaw's Injured)
• Ohio Police Apologize, Pay for False Accusation (FindLaw's Injured)
• Is It a Crime to Falsely Accuse Someone of a Crime? (FindLaw’s Law and Daily Life)