What To Do When Accused of a Crime You Didn’t Commit

Whether you are under arrest or just under criminal investigation, being accused of criminal charges is frustrating and frightening. Even innocent people can feel anxious and stressed when dealing with the criminal justice system.

Someone with a grudge against you may have made false allegations. You may look similar to another suspect. Wrongful arrests and false accusations happen all the time. Don’t just assume everything will be okay because you’re innocent. Even innocent people can be wrongly convicted.

You should contact a criminal defense attorney when you become aware of an investigation or arrest.

Do You Know Your Rights?

You must know what to do if you are accused of criminal charges. You have legal rights, and you can use them. Your legal rights in a criminal case include:

• The right to an attorney
• The right to remain silent
• The right to refuse a search without a warrant

Knowing when to assert your rights can affect how your case turns out.

Ask for an Attorney Before Questioning

A common mistake people make when arrested, investigated, or interviewed is not getting the advice of an experienced criminal defense attorney. The police officer might say they want to ask you a few questions. However, you have the right to have your attorney present during questioning. There is a good reason for this.

Even if you know you are wrongfully accused, police and prosecutors can use anything you say against you. Your attorney is more familiar with the legal process. Your attorney can advise you on which questions you should and shouldn’t answer.

You can find your attorney through online listings like LawInfo or your state bar association. If you can’t afford an attorney, you may be able to receive the services of a public defender. Getting a public defender may require showing the court you don’t have enough income to pay for a lawyer.

You Have the Right to Remain Silent

You may know this right from Miranda warnings on TV and movies. You do not have to answer any questions besides giving your name and asking for an attorney. Do not assume that you can talk your way out of anything. Law enforcement officers are skilled at asking questions to get their desired answers. They may also try to trap you in a pattern of telling half-truths.

The Fifth Amendment to the U.S. Constitution protects you against self-incrimination. But even if you are being accused of a crime you didn’t commit, you do not have to answer questions. Your legal counsel can advise you during any questioning.

Do Not Consent to a Search Without a Warrant

The Fourth Amendment protects you against unreasonable searches and seizures. With limited exceptions, the police cannot just search you or your property whenever they want.

If police ask to search your home, you can refuse and demand to see a search warrant first. Ask to see the document and confirm that it is signed by a judge.

If the police want to search inside your car during a traffic stop, you don’t have to consent. Even if you know that you are falsely accused of a crime, police may find some physical evidence that could be used against you.

If the police violate your rights and search without probable cause or without a warrant, your attorney can still protect you. An experienced criminal defense lawyer can file a legal motion to keep the unlawfully gathered evidence out of court. Without enough evidence, the prosecutor may be unable to proceed with the criminal case.

Don’t Resist Arrest

Even if you are being arrested for a crime you didn’t commit, you should remain calm. If you resist an arrest or try to run away, it can hurt your case. Resisting arrest or fleeing an officer can carry additional misdemeanor charges.

What Should You Say to Your Attorney

It would help to be open with your attorney about everything related to your case. If you have any evidence that could benefit your case, tell your attorney about it. Some information and evidence that can help your case may include:

• Clothing and property
• Pictures and videos
• Text messages and emails
• Computer and phone records

Do Not Post About Your Case on Social Media

Do not talk about your case on social media. Refrain from talking about your case with outsiders. Anything you say or post on social media can be used against you. Even if you later delete the posting, law enforcement may be able to get records of your post or use forensics to see your photos and videos.

Remaining off social media while your case unfolds is a good idea. Even if you share a picture you think it’s unrelated to your case; it may be used to portray you in a certain way.

Be Patient and Communicate With Your Lawyer

While you may think your case is open and shut because you didn’t do anything, the legal system does not work that way.

Police will still want to investigate, look for evidence, and speak to others. Your lawyer may need to conduct their investigation to prove your innocence. These things take time. Even after release from custody, the prosecutor may have months or years to file criminal charges. Stay in contact with your attorney.

For more information about your rights in criminal law, talk to an experienced criminal defense lawyer.