What to Do If You’ve Been Falsely Accused of a Crime in Georgia

Being falsely accused of a crime can have a significant impact on your life and livelihood. Not only could you incur monetary fines, but you might even spend time in jail. A conviction can also result in a permanent criminal record for a crime you didn’t commit.

If you find yourself facing criminal charges that are unwarranted, it’s crucial to seek legal representation from an experienced criminal defense lawyer as soon as possible. Just because you are innocent doesn’t necessarily mean a jury would render a verdict of “not guilty” — and it’s critical to mount a solid defense.

What Can Lead to False Accusations?

Although it is illegal to file a false police report, there are a number of scenarios that can lead to being falsely accused of a crime. A false accusation may arise from a genuine mistake or a deliberate falsehood. Notably, a wide range of crimes can be associated with false accusations, including theft, assault, drug possession, child abuse, domestic violence, and sexual assault.

False accusations can commonly arise in connection with the following:

• Domestic violence — A spouse may file false domestic violence charges during divorce proceedings in an attempt to get the upper hand.
• Personal grudges — An individual who holds a grudge against you may file false criminal charges out of spite or malice.
• Mental health factors — Individuals who suffer from delusions or paranoia may believe a crime was committed even when no criminal act occurred.
• Mistaken identity — False accusations can arise in cases where an eyewitness incorrectly identifies the wrong person due to stress or because of limited visibility.
• Errors during the investigation — Mistakes made during the police investigation process can result in an individual being wrongly accused.
• Police misconduct — Police misconduct such as perjury, forced confessions, and concealment of exculpatory evidence can lead to false criminal accusations.
• Forensic errors while collecting evidence — Improper handling of evidence is a common reason for false accusations.

False accusations can also occur in cases where a guilty party tries to divert attention away from themselves and by accusing another individual. In addition, simply being in the wrong place at the wrong time can make you a suspect of a crime.

What is the Impact of Being Falsely Accused of a Crime?

A false criminal accusation can have devastating consequences for your life, livelihood, and personal relationships. Not only might you be punished for a crime you didn’t commit, but you may suffer financially, emotionally, professionally, and socially. Being falsely accused of a crime can damage your reputation, cause you to lose your social standing, and make it difficult to find a job or housing.

Being falsely accused can also have a substantial economic impact — the potential loss of employment, coupled with the monetary fines you may be required to pay can cause significant strain on your finances. Depending on your individual circumstances, a conviction after a wrongful accusation can have a number of collateral consequences. It can adversely affect your immigration status, child custody matters, right to own a firearm, and cause you to lose a professional license.

What Steps Should You Take if You’ve Been Falsely Accused of a Crime?

Although you know that you’re innocent, you might not know how you should proceed when facing a false accusation.. In the event you’ve been accused of a crime you didn’t commit, there are a number of steps you can take to help build a strong defense:

• Remain silent — Even if you didn’t commit the crime you’ve been accused of, it’s important to be aware that you have the right to remain silent under the Fifth Amendment. Anything you say can be used against you, regardless of your innocence.
• Consult with a lawyer — Before you make any statements to the police, it’s essential to consult with a lawyer who knows how to handle these types of cases. Sometimes, they may be able to intervene before you’ve been formally charged with a crime.
• Don’t allow a warrantless search – With very few exceptions, the police cannot conduct a search of your property without a warrant. The Fourth Amendment protects you from unreasonable search and seizures, and if you consent to a search, you waive this right.
• Establish your alibi — Be sure to gather any evidence that supports your innocence or establishes your alibi. This can include correspondence, eyewitness accounts, receipts, text messages, security footage, photos, and other documentation.
• Document all interactions with law enforcement — It’s a good idea to keep detailed records regarding your interactions with the police to help strengthen your defense.

A knowledgeable criminal defense lawyer can help you navigate your case and best advise you how to protect your rights. They can challenge the evidence against you, identify inconsistencies in the prosecution’s case, conduct a thorough investigation, and consult with experts to form a viable defense strategy.

Contact an Experienced Georgia Criminal Defense Lawyer

If you have been falsely accused of a crime, it’s vital to have skillful counsel by your side who can fight the charges against you. The criminal defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants for criminal matters throughout northwest Georgia. If you need legal representation to defend against a crime you didn’t commit, please contact us today to schedule an appointment.