What Are False Allegations?
A false allegation is when someone accuses you of a crime you didn’t commit. This is also called false reporting, and it is considered a serious crime. Regardless, false allegations happen frequently, especially in regards to violent crimes, and can result in wrongful convictions.
Why Do People Get Falsely Accused of a Crime?
Research suggests that trauma memories may be more vulnerable to misrecollection than other types of memories, especially if the person has PTSD-like flashbacks that cause them to re-experience the event over and over. With each subsequent re-experience, they may unintentionally add new details that, over time, become part of the original memory.
This research shouldn’t detract from the testimonies of brave victims who come forward; many victims of violent crimes remember the events with clarity. Rather, these findings should act as a reminder that the human mind is fallible, and as a result, some people make false accusations believing them to be true.
However, misrecollection is only one of the explanations for false accusations. False reporting may also stem from one of the following:
- Mistaken identity. This happens when the accuser unintentionally misidentifies the person committing the crime.
- Malicious intent. This happens when a person intentionally misleads authorities by making a knowingly false allegation. In some instances, they do this to gain the upper hand in child custody disputes or to get back at someone.
- Official misconduct. This occurs when prosecutors or police abuse their power to arrest or charge someone with an offense.
- Misleading forensic evidence. An example of this could include exaggerating statistical claims to give more weight to their statements.
False accusations can happen at different points throughout the legal process. They may occur when an accuser misidentifies someone in a police line-up; when police ask misleading questions during an interview; and when scientific evidence is interpreted incorrectly in the lab.
How to Defend Yourself from False Assault Allegations
If you’ve been falsely accused of assault, the first thing you need to realize is the gravity of the situation. Without a strong, compelling defense, you could end up being the victim of a wrongful conviction and serving jail time.
If you’ve been accused of false accusations, there’s a good chance you have some tough days ahead. After your arrest, consider taking the following precautions:
- Remain silent and refuse to be interrogated without an attorney present.
- Hire a top Minnesota criminal defense attorney to start working on your case.
- Realize that just because you’re innocent doesn’t mean you’ll go free.
Once you’ve secured a top-notch criminal defense attorney, you can begin building your case together. Depending the on the particulars of your situation, your lawyer may pursue the following actions:
- Conduct a pre-file investigation. A pre-file investigation is when a law firm investigates allegations before criminal charges are filed for the purpose of gathering evidence that favors the accused. This process may involve interviewing witnesses, finding new witnesses to ask about false accusations, searching background records, gathering evidence, collecting information about the accuser’s credibility and more.
- Undermine the accuser’s credibility. This is also called “impeaching the accuser,” and it typically occurs at trial during cross-examination. Your defense lawyer will try to present evidence that reflects poorly on the accuser’s character or undermines their knowledge or credibility on a topic.
- File a civil suit. A malicious prosecution claim is a civil cause of action designed to go after people who file frivolous lawsuits. In this situation, your defense lawyer will attempt to prove that the defendant filed a frivolous claim against you, not to win, but for some other purpose (like harassment). They will also try to prove that you suffered damages as a result and deserve compensation.
These are just some of the tools that an experienced criminal defense attorney may use to prove your innocence. However, all cases are different, and your lawyer will cater their legal strategy around the specifics of your situation.
