What Steps Should You Take if Falsely Accused of a Crime in Houston?

What Happens When Someone Is Falsely Accused of a Crime?

It would be tempting to assume that an innocent person falsely accused of a crime will be acquitted and able to carry on with their life. Unfortunately, that’s not always the case. False accusations can lead to convictions, leading to consequences including significant financial fines and even jail time. This is one reason why it is so important to hire a great criminal defense attorney.

In other words, being falsely accused of a crime should be taken as seriously as being caught in the act of committing a crime. There are several things someone should do when falsely accused.

• Contact an experienced criminal defense attorney. This is not the time to go solo. Criminal law is complex and multifaceted, and working with a professional who understands it could give you a better chance to prove your innocence and not end up with a criminal record.
• Exercise your right to remain silent. Exercise your right to remain silent at all times, especially if a detective calls asking to get your side of the story. If you’re charged with a crime and arrested, the arresting officer must legally read your Miranda rights. Among the rights guaranteed by the Constitution is the right to remain silent. It’s vital you do that, even if you’re falsely accused. People being arrested are usually stressed and may inadvertently say something they think is innocent, but law enforcement may interpret it as admitting guilt. Say nothing until you can speak with an attorney.
• Don’t let law enforcement talk you into a plea deal. The arresting officer may try to convince you that they have overwhelming evidence that you’re guilty and that your best option is to agree to a plea deal. It is more likely that an officer will tell you that it looks good if you help them, it will look better if you tell them where the guns or drugs are, or they will tell the prosecutor if you are helpful. If you’re innocent, don’t agree to this. Refuse to discuss it and contact your attorney for assistance as soon as possible. 
• Stay calm. This can be incredibly difficult, but the calmer you remain, the less likely you are to say something that could be used against you. 
• Don’t discuss the case with anyone. That includes your family, friends, or neighbors. The same principle applies to remaining silent with law enforcement–even when you know you’re innocent, you might say something that could be misinterpreted, and it could be used against you in court.
• Don’t contact the accuser or the victim of the crime. This can be an enormous temptation–just contact the other people involved and get it sorted out. But for the same reasons, you shouldn’t discuss the case with anyone in your family or friends circle; don’t make any attempt to contact the other parties in the case. It can all too easily be used against you. 
• Don’t attempt retaliation against the accuser. It’s terribly frustrating to be accused of something you didn’t do, and human nature often wants to “get even.” This will likely only make things much worse for you. Retaliating against someone due to their status as a witness, accuser, alleged victim, peace officer or other public servant is actually a crime in Texas.
• Collect evidence. While you shouldn’t discuss the case with anyone but your attorney, there are still steps you can take to prepare for your defense. Among the most helpful is collecting evidence of any kind that can help prove your innocence. Your attorney can suggest what types of evidence you may be able to amass for your specific charges. Still, in general, anything from cell phone records to text messages to bank records to eyewitness accounts to security cameras that may have gotten footage of the crime as it occurred can help.  

How Do False Accusations Happen?

There are many reasons someone can be falsely accused of a crime.

• Mistaken identity or communication. The accuser may have confused you with someone else or misinterpreted something you said or did.
• Retaliation. Sometimes, accusers allege crimes because they’re angry with the person they accuse and want to hurt them or their reputation.
• Law enforcement misconduct or incompetence. There are times when the arresting officer wrongly arrests or charges someone. This is an abuse of power and should be fought with a seasoned attorney.
• Coercion. Sometimes, accusers are coerced into accusing an innocent person for a host of reasons. 
• Looking for leniency. If the accuser is in trouble with the law, they might make a false accusation under the guise of cooperating with the police. 

Is it Legal for Someone to Falsely Accuse Me of a Crime I Didn’t Commit?

In Texas, it’s a crime to falsely accuse a person of a crime. In cases where the accuser truly believed their accusation was correct (due to the misidentification or miscommunication issues noted above), it’s likely not going to be pursued as a crime. But if it can be proven that the accuser deliberately and maliciously made the false accusations, there can be legal consequences, including fines or jail time.

The key is that the accuser can be proven to have intended to deceive and knew what they were saying was untrue. That can be difficult to prove in some circumstances. But if the statement was made under oath or the accuser spoke an oath attesting to the truth of the accusation, they may be charged with perjury. That could result in up to $10,000 in fines and ten years in prison.

What Should I Do if I’ve Been Falsely Accused of a Crime?

Call Cory Roth Law Office as soon as possible at 832-400-4133to schedule your consultation. I understand how traumatic this can be and what the consequences are if someone is convicted of a crime they didn’t commit. Working with an experienced, knowledgeable criminal defense attorney is vital to help you prove your innocence. The sooner we can begin working together, the better.