Carolina Criminal & DUI Lawyer BlogBeing accused of wrongdoing and allegedly committing a crime when you’re innocent is disturbing at best.
Your good name and reputation in the community are at stake.
Even if found not guilty or the criminal charges are ultimately thrown out or dismissed, false allegations can affect your freedom, your future, and how you’re treated by friends and neighbors.
People are falsely accused of crimes for different reasons involving things like:
- A Charlotte police officer who made an arrest for DWI without probable cause
- An employer who makes false accusations of embezzlement or larceny by an employee because of poor record-keeping protocols or trying to cover for not paying employment taxes
- A husband or wife allegedly committing a Battery or Assault on a Female when the “victim” was, in fact, the aggressor
- A co-worker making false accusations of a Sexual Battery or other Sexual Offense
It happens.
We all make mistakes.
Sometimes people proceed in instituting criminal charges with less-than-admirable motivations.
Fortunately, we have certain constitutional protections in place.
If you’ve been wrongly accused, legal concepts like the presumption of innocence, the right to an attorney, and the State’s substantial Burden of Proof are more than mere platitutes. Your very freedom may depend on them – Bill Powers
Put simply, if you face false allegations or have been wrongly and falsely accused of a crime, we strongly recommend you take immediate steps to assert your legal rights and protect your name and reputation.
We also recommend you immediately retain legal counsel. Learn more about Bill Powers here.
What should I do if I’m Falsely Accused of a Crime?
We truly wish more people would call us before giving a statement or talking to the police. If you’ve been falsely accused or allegedly did something wrong, talk to an experienced criminal defense lawyer. Our job involves helping people in just such circumstances – Bill Powers
Contrary to what you may have been told:
- The fact you request to speak with an attorney cannot be used as evidence against you
- Exercising your Miranda Rights or asking to speak with an attorney similarly cannot be used as evidence against you
- Demanding your Constitutional Rights is not evidence of guilt
- You cannot be punished for refusing to give a statement or provide evidence against yourself
- Police officers don’t get to decide how and/or if you are punished
- Detectives can’t “talk to the Judge” or unduly influence prosecutors
- The Judge will not be angry with you if you exercise your Constitutional Rights
The importance of retaining an experienced Charlotte criminal lawyer, prior to the institution of criminal charges, an arrest, or indictment cannot be overstated.
Many well-meaning, innocent clients can cause themselves undue problems by trying to handle criminal accusations by themselves. We don’t charge for legal consultations. Call a defense attorney before doing anything – Bill Powers, Charlotte Criminal Defense Lawyer
- Recognize the dangers and seriousness of the allegations – We believe it imperative to establish from the outset what are the allegations? What are the potential criminal charges? Defense lawyers may refer to that as the “potential exposure.” Are the allegations subject to prison time, probation, or other criminal sanction? What is a worst-case scenario? If you’ve been accused, whether charges are pending or not, you should take that seriously.
- Retain a Criminal Defense Lawyer – Defense lawyers generally like to be proactive. We want to consider the evidence and the lack of evidence against you, possibly discussing the strengths and weaknesses of a case prior to the institution of charges. Defense lawyers may call detectives and other law enforcement officers, advising them a client will not be giving a statement or cooperating with an investigation.
- Gather evidence, Witness Statements, and Speak with Officers – Preparing a defense may include gathering documents and evidence, speaking with potential witnesses, confirming contact information, taking pictures, and visiting the alleged crime scene. A lot depends on the nature and circumstances of the allegations.
Do NOT do these things, even if you are Falsely Accused of a Crime
- Do NOT destroy evidence, even if you think it may not be favorable or look right
- Do NOT destroy computer drives, mobile devices, hard drives, written records, cell phones, or programs/applications
- Do NOT destroy social media accounts or attempt to purge records
- Do NOT speak to or attempt to contact the alleged victim or witnesses
- Do NOT speak with or attempt to contact the detective, police officers, or criminal investigators
- Do NOT give a DNA sample
- Do NOT give consent to search even if threatened with a warrant
- Do NOT give a statement
- Do NOT answer any questions
- Do NOT cooperate with the investigation
- Do NOT consent to a search of your home
- Do NOT consent to a search of your vehicle
- Do NOT consent to a search of the items inside your home or vehicle
- Do NOT allow police to “come inside and take a look around”
- Do NOT consent to a search of your phone or phone records
- Do NOT give law enforcement your computer, hard drives, or cell phone
- Do NOT give police access codes to your computers, accounts, or mobile devices
Obviously, if police have a Search Warrant or a Warrant for Arrest, politely request to speak with a criminal defense lawyer. If the police have a Search Warrant, ask for a copy of the Warrant and ask them to read the Warrant to you in its entirety. You may not prevent the execution of a valid search warrant. Do not argue with the police.
Lawyers in Charlotte who handle False Accusation Charges
Our firm is dedicated to helping people in times of need. If you allegedly committed a crime, no matter how minor or serious, whether it be for a felony or misdemeanor, we encourage you to call today: 704-342-4357
Our legal consultations for criminal charges in Charlotte and throughout North Carolina are free of charge.
You may reach Bill Powers by email: Bill@CarolinaAttorneys.com