What Should I Do if I’m Wrongfully Accused of a Crime?

Reviewed by Carl Spector, Esq.

We all dread the nightmare scenario of being falsely accused of a crime. Knowing how to protect yourself is crucial when this nightmare becomes a reality. Regardless of how ridiculous the allegation may seem, you should take this situation seriously, as you could face significant penalties for a crime you did not commit. Explaining your innocence to law enforcement agents is often insufficient in safeguarding your freedom. Please continue reading to learn the steps you should take if you’ve been wrongfully accused of a crime and how a dedicated Bergen County Criminal Defense Attorney can fight to protect you from an uncertain future.

What is a false allegation?

A false allegation occurs when a person accuses someone of a crime they did not commit. False accusations commonly arise from mistaken identity, malicious intent, police misconduct, and misleading forensic evidence. If you’ve been accused of a crime, the prosecutor will likely file criminal charges against you. It’s important to understand that when you’re charged with a crime, it will appear on your criminal record regardless of whether you’re convicted.

What steps should I take if I’m falsely accused of a crime?

If you’ve been falsely or wrongfully accused of a crime in New Jersey, you need to take immediate steps to protect yourself. Given the gravity of the situation, it’s in your best interest to enlist the help of an experienced attorney. A criminal defense attorney can assist you in protecting your rights by gathering evidence and developing a strong legal strategy for clearing your name. Although the court will appoint an attorney for you if you cannot afford to pay for one, you should seek outside legal counsel. Court-appointed attorneys juggle multiple cases at a time, meaning they simply don’t have enough time to provide you with the best possible representation. With lifelong consequences on the line, it’s crucial to retain quality legal counsel who will put all of their time and energy into proving your innocence.

Steps to Take if You Are Facing Wrongful or False Criminal Accusations

If you are facing false accusations, it’s critical to establish a strong defense. As such, you and your legal team should prioritize the following:

• Acknowledge the gravity of the accusations: It’s important to understand the severity of the charges against you when facing false or wrongful accusations of criminal activity. You should never assume that anyone in the criminal justice system, including the police, prosecutors, or judges, will automatically accept that you are innocent. Taking these matters seriously from the start can allow you the opportunity to set yourself up for success.
• Recognize the cost of defense: Unfortunately, establishing a strong defense can be a costly matter, including attorney’s fees, the cost of private investigators, and expert witness expenses. Though it is often unfair to spend money defending yourself from untrue charges, it’s critical to take the necessary steps to protect your future. 
• Intervene before charges are filed: If you believe that you are the subject of a police investigation, you should invest in retaining a lawyer before you are even charged. Doing so allows your attorney to take proactive measures, like presenting evidence to show that the wrong person has been charged, or even potentially preventing charges from being filed in the first place.
• Evaluate taking no action: In some instances, working with an attorney may determine that the best course of action is to wait to see if the prosecution will obtain the evidence necessary to file formal charges against you. In some instances, forensic tests may help support your innocence, or a witness may recant.
• Gather physical evidence and documents: If you believe that you are a suspect in a criminal investigation, it’s in your best interest to begin gathering evidence to help show your innocence. This can include physical evidence, like photographs or clothing, as well as documentation that helps prove your whereabouts, like GPS data, receipts, or texts. 
• Obtain witness contact information: You should gather the names of witnesses who may be able to provide important information regarding the alleged incident, the nature of the false accusations, or the credibility of the complaining witness.

While you’re in police custody, it’s crucial to invoke your constitutional rights. You should exercise your right to remain silent, especially if you are innocent, as anything you say can and will be used against you. In addition, you should refrain from missing your court appearances. “Failure to appear” is a serious crime. If you do not comply with court orders, it can hurt your case.

Contact an Experienced Bergen County Criminal Defense Attorney

If you’ve been falsely or wrongfully accused of a crime in Hackensack, Paramus, or anywhere in Bergen County, please don’t hesitate to contact a skilled Bergen County criminal defense attorney from The Law Office of Carl Spector. With over 30 years of invaluable experience as both a prosecutor and a criminal defense attorney, Mr. Spector provides a unique perspective on how both sides of the legal system operate. Our legal team is prepared to shield you from the burdens associated with a criminal conviction. Call today for a free, confidential consultation and let our extensive experience work for you.