Facing a criminal accusation, a false one no less, can be a frightening and confusing experience, no doubt about it. The thought of facing legal action for a crime you haven’t committed is enough to send chills down your spine. So what should you do in such circumstances?
This article walks you through steps to take if you find yourself falsely accused of crimes. Remember, every case is unique in its own right. Therefore, while these steps provide basic guidelines, they are not a one-size-fits-all solution. But in the end, you can rest assured of winning your freedom back. Let’s start.
Contributing to the Delinquency of a Minor
When falsely accused of contributing to a minor’s delinquency, dismissing the allegations as a joke is common. Some people understand the weight of the case when it’s too late. Therefore, you should take the accusations seriously from the start, whether in a private school or our residential areas.
The crime involves encouraging or causing a minor to engage in criminal behavior. When accused of this misdeed, your first step should be to remain calm and avoid lashing out or confronting the accuser. Confrontation will only worsen the situation and could be used against you in court. The next step is to seek legal counsel immediately.
This type of crime is considered a misdemeanor under Penal Code 272 in most states and can carry penalties such as probation, fines, and even jail time. According to the Office of Juvenile Justice and Delinquency Prevention, the misdemeanor attracts a sentence of up to one year or a fine of $2500. With impending severe consequences, you need a knowledgeable attorney specializing in criminal defense to guide you through the cumbersome legal process.
Public Intoxication
Public intoxication is another common misdemeanor charge that can have serious consequences. It typically involves being visibly drunk in public or causing a disturbance while under the influence of alcohol or drugs. According to the Alcohol Rehab Guide, in most states, the penalty for public intoxication is a jail time of 30 to 60 days or a fine of about $1,000.
There are various ways you can find yourself falsely accused of crimes like public intoxication. Maybe you are coming out of a birthday party venue where a lot of alcohol is going around, or maybe you were just clumsy and happened to stumble on the sidewalk. Regardless of how the situation unfolded, it is best to cooperate with the authorities.
Larceny
Larceny is a term used to describe the theft of personal property. It’s a broad category encompassing various types of theft, including pickpocketing, shoplifting, and burglary. According to the FBI, 73.4% of all property-related crimes in 2019 were made up of larceny. The severity of the charge depends on the value of the stolen items and whether force or weapons were used in the act.
If you find yourself falsely accused of crimes related to theft, take immediate steps to protect your rights and potentially avoid a criminal conviction. Whether you are accused of burglary or stealing small items like an HDD hammer, your first step should be invoking your right to remain silent. Politely decline to answer any questions until you have legal representation.
Next, seek legal representation. Hire a defense attorney as soon as possible for legal advice and representation. Your lawyer will then build a defense strategy and work towards reducing or dropping the charges.
Ideally, your attorney will build your case around the belief of ownership, entrapment, consent, and duress. Entrapment involves inducement to take an item, while duress is coercion through force or blackmail. Cooperate fully with your attorney, providing all the information they need to build a strong defense.
Drug Trafficking
If you find yourself unjustly accused of crimes related to drug trafficking, the seriousness of the situation can’t be understated. According to the Drug Enforcement Administration, possession of cocaine over five kilograms attracts life imprisonment or a $10 million fine for first-offense individuals.
First, you have the right to remain silent. Don’t try to explain your situation or discuss the alleged crime with law enforcement or anyone else without a lawyer present. Remember, anything you say can be used against you.
Next, seek professional legal assistance. Engage a reputable defense attorney specializing in drug-related cases as soon as possible. Ensure they have the knowledge and experience to guide you through this complex legal process.
Be transparent with your attorney, providing them with all the information that could help your case once you have been accused of crime. These include any evidence that you didn’t have possession, intent, or control over the drugs, which are key elements in a drug trafficking charge. The ideal defense is asking the court to suppress the evidence to dismiss the case without a trial, attack the search warrant, or challenge the prosecution’s evidence of possession.
Lastly, follow the advice of your attorney and refrain from discussing your case with anyone other than your legal team. Avoid posting about your case on social media or other platforms to prevent misconstruing your words. You may have to go through a detox program before you can start building your defense.
Assault and Battery
Facing false allegations of assault and battery can be an overwhelming experience. While assault and battery are misdemeanors that attract six months in jail and a fine of $750, aggravated assault and battery fall under a felony, which can attract a jail time of up to ten years. If you find yourself accused of crime charges such as these, it’s crucial to maintain composure and take the necessary steps to defend your rights.
The first step is to exercise your right to stay silent. Resist the urge to argue your innocence before law enforcement or the accuser without counsel present. Even well-intentioned statements can potentially complicate your situation further.
Securing professional legal representation should be your immediate follow-up action. Seek an attorney with a solid background in defending assault and battery charges. This legal expert will understand the nuances of your case and devise the best defense strategy for you. The best legal defense is asserting self-defense.
Honesty is key when interacting with your defense attorney. Ensure you provide them with every little detail about the incident, no matter how insignificant it might seem. These tidbits could be instrumental in formulating a powerful defense.
Finally, maintain a low profile regarding your case. It’s strongly advised against sharing details of your situation on public forums, especially social media. Even if you are innocent, your words can be manipulated and used against you. So, keep your counsel and let your attorney do the talking.
Burglary
In legal terms, burglary involves more than just breaking into a property. To be classified as burglary, a crime must have an unlawful entry. However, this doesn’t only mean breaking down a door; simply entering a property without permission qualifies. The property can be a house, business, or shed. The third element is intent, meaning there must be the intention to commit a felony.
If you are accused of crimes associated with burglary, there are a few things you should note besides seeking legal interpretation. Maybe you are accused of stealing small precious items like diamond earrings. Firstly, do not consent to any searches of your person, vehicle, or property without a warrant. Though seemingly innocuous, consenting to a search could bolster the prosecution’s case against you.
Do speak to the police with your attorney absent. Anything you say can and will be used against you in court. It’s important to have legal representation to protect your rights and ensure that any questioning is done within proper procedures.
Arson
Arson is the act of willfully and maliciously setting fire to property, land, or another person’s belongings. This crime carries severe penalties and is often considered a felony. According to Statista, the US recorded 36,274 arson offenses in 2022, of which 13,147 were buildings.
There are various degrees of arson depending on the severity of the crime. For example, first-degree arson involves intentionally setting fire to a building with people inside, while second-degree arson involves setting fire to an unoccupied building. Penalties for these crimes can range from fines and probation to significant jail time. Often, it is insurance companies that place arson charges due to their responsibility for fire damage restoration.
If you are accused of crimes like arson, one important thing to note is that the prosecution must provide evidence of intent. That means they must prove that you willfully and maliciously set the fire rather than it being an accident. This factor makes arson cases particularly difficult to prove, as the intent is not always easy to establish. It also means that with proper defense, it is easy to create reasonable doubt in the prosecution’s case and clear you of any charges.
Tax Evasion
Tax evasion is the illegal act of avoiding paying taxes by intentionally filing false or incomplete tax returns. This white-collar crime can carry severe penalties, including fines and imprisonment. According to the United States Sentencing Commission, 401 tax offenders were sentenced in the 2022 fiscal year.
In a different post, the same commission reported that nearly 63.9% of all accused tax offenders get a prison sentence. Such statistics make it clear just how serious of an offense tax evasion is and why you should never knowingly avoid paying your taxes. Consult business tax accountants to ensure your taxes are paid correctly and avoid the risk of criminal charges for tax evasion.
When dealing with a tax evasion case, the prosecution must prove that the accused intentionally filed false or incomplete tax returns to avoid paying taxes. As such, there needs to be evidence of intent, much like in arson cases. A prosecutor can only secure a conviction with such proof. Therefore, the best way to defend against tax evasion charges, false or otherwise, is to argue that there was no intent to evade taxes.
Driving Under the Influence
When it comes to DUI or driving under the influence, many people believe that only drunk drivers can be accused of crime charges like these. However, that is not entirely true. In most states, you can also get a DUI for driving under the influence of drugs or even prescription medication.
While you may think that having a false DUI is impossible, such charges are more common than you may think. While breathalyzer tests are often used to determine a driver’s blood alcohol level, they can have false positives due to user or device error. False positives may also occur due to a medical condition.
If you believe you have been wrongly charged with a DUI, it is crucial to seek legal advice and challenge the evidence presented against you. Besides fines and imprisonment, you also risk losing your driving license. DUI attorneys specialize in defending clients against such charges and can help you navigate the legal system.
Property Damage
Property damage charges mean you have caused intentional or unintentional harm to someone else’s property. It could be in the form of vandalism, destruction, or defacement. In some cases, property damage can also occur due to negligence or recklessness.
Similar to other criminal charges, the prosecution must prove that you had intent or knowledge of causing property damage when their client is accused of crime. With this evidence, it can be easier for them to secure a conviction. Your defense attorney can argue that the damage was not intentional or that there were extenuating circumstances.
It is also essential to note that property damage charges may result in criminal and civil penalties. That means you may face a fine or imprisonment and be sued by the home and auto insurance companies. Therefore, seeking legal representation to protect your rights and defend against charges is crucial.
While one could be charged with various criminal offenses, it’s essential to understand each charge’s specific elements and potential consequences. Seeking legal advice and representation is crucial for building a solid defense plan against criminal charges. Remember, being charged with a crime does not mean you are guilty, and with the proper support, you can fight for your innocence.
