If you are being falsely accused of a sex crime in New Mexico, you have legal rights. Prosecutors should not be able to get a conviction against you if they cannot prove their case. However, you will also want to hire a lawyer to challenge their theories, examine evidence, and build a counterargument as to why you should not be convicted of a sex crime.
In This Article
A Las Vegas, NM criminal defense lawyer offers tips and information about being falsely accused of a sex crime in New Mexico. We also dive into important steps you can take to safeguard your rights and options for getting legal help if you live in the central or northern part of the state.
Understand What You Are Up Against
There are consequences if you underestimate the legal ramifications of being arrested or accused of a sex crime in New Mexico. It is easy to downplay or brush off an accusation, especially when you know they are false. However, the justice system does not see it that way, meaning you should take your charges seriously.
False Accusations Happen
Many studies indicate that the prevalence of false allegations falls between the two and ten percent range. As such, for every 100 accusations, between two and ten people statistically face false accusations.
Do Not Make Statements to Anyone
Do not attempt to contact the person making the allegations or have a friend or family member talk to that person on your behalf. Anything you say to anyone can be used in court against you. Avoid putting yourself in a position where the state can twist your own words against you or make it seem as if you are trying to tamper with witnesses.
Police Are Not on Your Side
Keep in mind that law enforcement officials work for the state or federal government, not you. As harsh as that sounds, it helps you remember why you should never speak to police without a lawyer present. They can use out-of-context statements against you, so make sure you have a defense team on your side.
Related Article: What to Do If Accused of Sexual Assault
What to Do If Falsely Accused of a Sex Crime in New Mexico
Anyone under investigation in New Mexico for a sex crime should contact an attorney immediately, even when police officers or detectives ask you to come in for questioning. After all, A single error could result in criminal charges.
Here are a few steps to take when falsely accused of a sex crime in New Mexico:
Step 1. Get Legal Representation Now
It is essential to retain counsel as soon as you know you are in trouble. Contacting a lawyer early supports your need to control as much of the outcome as possible. It also helps you obtain evidence while thinking about defensive tactics that were overlooked.
Step 2. Exercise Your Right to Remain Silent
“You have the right to remain silent” is a commonly echoed trope in films. However, If arrested or questioned for a New Mexico sex crime, you do not want to speak to law enforcement without your lawyer present. Even if you are not under arrest, they can still use your words against you, so it is necessary to exercise caution at all times.
Step 3. Manage Expectations
Police officers can take your smartphone, laptop, and any other device if they get the right search warrants. They can subpoena your phone records and search your home to take personal items, such as clothing, bedding, and other household items.
This process will feel painfully uncomfortable. However, a lawyer can review the facts to strike inadmissible evidence from the record or fight against illegal searches. We also ensure that no one is violating your rights as they search your personal effects.
Step 4. Guard Your Reputation
Individuals charged with sex crimes suffer the fall out long before they even have a chance to present their side of the story. A false accusation has the potential to tarnish your reputation indefinitely. However, an experienced and resourceful sex crimes defense attorney can assist you mitigate damage by speaking to the media on your behalf.
Step 5. Follow Our Advice
The sooner you retain a lawyer, the more aggressively we can protect your rights and privacy. Additionally, we can also present your legal options and build a defense by obtaining evidence that speaks to the facts.
Related Article: How to Respond If You Are Falsely Accused of a Crime
Schedule a Free Case Strategy Session
Consult with Grano Law Offices, P.C. as soon as possible when falsely accused of a sex crime. Your sex crimes defense attorney will determine all possible defenses related to your charges. Call our legal team now for a Free Case Strategy Session at (505) 426-8711 or message us here.
