One lie can destroy a person’s reputation. And few lies are as damaging as false claims that you have committed a crime. Fortunately, victims of false accusations can fight back.
When someone makes false accusations against you, you need experienced legal help. Now is the time to have a lawyer review the allegations and find evidence that shows you are innocent. Reach out today to speak with a Murrells Inlet criminal defense attorney at Swilley Law Firm, LLC. Our firm is experienced in criminal defense, and we can defend you against frivolous charges. Our consultations are private and free.
How to Defend Yourself Against False Accusations: Five Steps
False accusations happen in a variety of contexts. Maybe you were falsely accused of rape and face expulsion from school, or your ex has accused you of attacking her and secured a restraining order.
Facing false accusations is a terrifying experience, but there are concrete steps you can take to help yourself.
1. Limit Social Media Commentary
You might be tempted to respond quickly on social media to the accusations. But there are dangers with immediately responding. For one thing, you might say something that turns out to be incriminating.
For example, you might be accused of raping someone when you remember the encounter as consensual. You might want to hop onto Facebook or Instagram and profess your innocence or explain what happened. But in doing so, you admit to having had sexual relations when there’s no reason to admit that fact at this point.
Hold off on defending your reputation, at least until you speak with an attorney. It’s certainly true that some people automatically believe anything negative said about another person. But you can’t control what everyone thinks. It’s more important to avoid the worst legal consequences, so avoid saying anything publicly.
2. Identify Witnesses Who Can Back Up Your Innocence
You should immediately start thinking about what evidence you can raise to show you are innocent.
An alibi witness is someone who can place you at a different location at the time a crime was committed. For example, your neighbor might accuse you of breaking into their home on Sunday night. But you were actually spending the night with your girlfriend, who can testify to that fact. You can’t be two places at once, so an alibi witness helps prove you were not present when a crime was committed.
A credibility witness is also helpful. The person accusing you of a crime might have a reputation for being dishonest. For example, a classmate in college might accuse you of sexually assaulting her. But she has made that same accusation against five other guys, which were groundless. A credibility witness can point out that your accuser has a reputation for dishonesty. If someone lies once, they probably will lie again.
You don’t need to reach out to these witnesses yourself. Instead, share their names with the lawyer who can decide if they have useful testimony to offer.
3. Hire an Experienced Criminal Defense Lawyer in SC
A lawyer is a big help, even if criminal charges have not yet been filed. Your lawyer can immediately assess the strength of the accusations. For example, did your accuser provide any supporting evidence to back up their claims? They might have texts or eyewitnesses. A lawyer can assess the strength and credibility of this evidence.
A lawyer can also help find other exculpatory evidence, which is evidence that shows your innocence. Each case is unique, so a lawyer is there to provide an individualized case assessment in a consultation.
Your lawyer can also be in communication with the state and possibly convince them not to file charges. The Solicitor’s Office has discretion about when it files criminal charges. Your attorney might convince them that the evidence is too weak.
4. Follow Any Restraining Order
Did your accuser get a restraining order or order of protection against you? This order probably requires that you stay away from the alleged victim and not contact them by phone or electronic means.
You should follow this order to the letter. Dust it off and read what you need to do. Many require that you turn over your firearms to the police. Don’t forget to do that.
A protective order is 100% valid, even if the accuser lied to get one. If you violate an order, then you can get arrested and taken before a judge. You might be found in contempt or even hit with a criminal charge. (South Carolina Code § 16-25-20.)
Call our office if you need help understanding your obligations. Our criminal defense lawyer can read through the order and remind you of what steps to take. We can also represent you at a hearing to get the order set aside.
5. Avoid Giving Permission to Search
The police might launch an investigation after hearing the accusations. You should avoid handing over evidence.
For example, police often want to search your:
- Home or apartment
- Car
- Cell phone
- Computer
They might also want a blood sample to search for DNA or chemicals in your bloodstream.
Under the Constitution, the police need a warrant backed up by probable cause to make a search unless there are exigent circumstances. One exception is if you give consent, which we do not recommend. Force them to get a warrant and do their jobs properly. Giving them consent only makes it easier on them and likely will not provide you any benefit.
You also don’t know what evidence they will find on your computer or phone. An attorney can review what is relevant to the case.
Remember not to delete or destroy anything, which is also illegal. Instead, share concerns about incriminating text messages with your lawyer.
Call a Murrells Inlet Criminal Defense Lawyer at Swilley Law Firm, LLC, Today
A Murrells Inlet false accusations lawyer at Swilley Law Firm, LLC is standing by to provide immediate legal help. When someone makes false accusations against you, it can feel like the world is spinning out of control. Our firm is here to set everything right and defend you from criminal charges. We have defended those in the 29576 zip code from charges of domestic violence, sexual assault, and more. Call us to schedule a consultation.
