There is nothing more frightening to face than when you are falsely accused of a crime. Not only can it unfairly damage your reputation, but it can also result in an arrest and subsequent conviction if the evidence against you convinces a jury of your peers that you are guilty beyond a reasonable doubt.
Even more, some studies estimate as many as 10,000 Americans are convicted of crimes they did not commit annually. This number is astounding and demonstrates that a miscarriage of justice is a distinct possibility for anyone wrongfully charged or accused.
In This Post
In this post, I share a few tips that may help you avoid mistakes when fighting false accusations. Every case is unique, however. Always seek personalized legal advice from a criminal defense lawyer licensed to practice in the State of New Mexico.
Six Things to Know About Being Falsely Accused of a Crime
If you are falsely accused or charged, make sure that you know how to protect your rights when dealing with law enforcement. Rule #1 is to ask for the presence of your lawyer during questioning. If police believe they need to talk to you about an ongoing investigation, it may be in your best interests to protect yourself. Your innocent statements may be misconstrued, misunderstood, misapplied, or misinterpreted. Exercise your 5th Amendment right to remain silent.
In the meantime, it is vital that consider the following six things to know about being falsely accused of a crime in New Mexico:
- Voluntary testing or searches: When the police want to search your property or take DNA samples, ask them to present the warrant executed by a judge. If they cannot produce one, decline their request. It does not make you look guilty if you do not voluntarily participate in testing or searches. Under federal and New Mexico state laws, it is your fundamental right.
- Preserve exonerating evidence: Make sure that you preserve evidence that proves your innocence. Your lawyer may be able to use it to help your case. Conversely, it would be best if you also did not destroy evidence that you believe makes you look bad or guilty. Doing so can have the opposite effect.
- No contact with victims or witnesses: When you are accused of a crime that you did not commit, trying to work things out independently is seldom a good idea. As with destroying evidence, victim and witness contact can make your case even more complicated, including the accusation of intimidation and interference. Your best course of action is working with your lawyer to develop your case strategy.
- Innocent until proven guilty: No matter what anyone thinks or how law enforcement treats you, you are innocent until proven guilty in a criminal law court. Remember, the prosecutor holds the burden of proof, not you. While it may seem like everyone is treating you like you are guilty, legally, you are not.
- Innocence is not enough: Unfortunately, being innocent of a crime is not enough to get you off the hook. You have to defend the accusations against you with admissible evidence. Your New Mexico criminal defense attorney can help you refute the charges you are facing and protect you in court if you are later charged with a crime.
- Police do not waste time: If someone falsely accused you of a crime and police want to bring you in for questioning or arrest you, they believe that they have at least some form of proof that you were related to the crime that occurred, whether you committed it or not. Make sure that you do not take chances by not taking their actions seriously.
Hire a New Mexico Criminal Defense Attorney
When police are taking the accusations against you seriously, it is time to hire a legal professional to protect your rights. No matter what evidence they have against you or intimidating tactics they use, you can have confidence in an attorney to ensure that someone is looking out for you or your family member.
Call Me for a Free Case Strategy Session
You do not have to wonder what your legal options are when facing false accusations. My office extends an invitation to contact us for a Free Case Strategy session by calling (505) 426-8711 or messaging me privately here
