False Criminal Accusations

Our justice system is supposed to protect innocent people and punish those guilty of crimes. Unfortunately, innocent people do face criminal charges in some cases in North Carolina. When someone makes a false accusation against another person, the result can be devastating. A false accusation of a crime is a claim or allegation of wrongdoing that is not true or otherwise unsupported by the facts of the case. In Wisconsin, a man who was wrongfully convicted of sexual assault became exonerated after serving 10 years of a 28-year sentence at a maximum-security prison. His case is just one of many cases in which a court wrongfully convicts an innocent person.

At Arnold & Smith, PLLC, we understand that innocent people face criminal charges every day in North Carolina. Facing false accusations of a crime is a frightening and overwhelming experience. If you are worried that another person’s lies about you could result in a prison sentence, we can help. Our Charlotte criminal defense lawyers have the experience and tools to fight hard for you throughout your case. Contact our Charlotte criminal defense law firm today to schedule your initial consultation with one of our experienced lawyers.

If you are facing false criminal accusations, you should be prepared to tell your defense lawyer exactly what happened. Honesty is the best policy when it comes to speaking with your lawyer. When your lawyer knows everything, he or she can best prepare for your defense. Even if you are innocent, you might be concerned with sharing facts with your attorney that could make you look guilty. Telling your lawyer all of the facts can help him or her develop an effective defense strategy. For example, if your spouse or partner accused you of domestic violence after you had a verbal disagreement, it is wise to share all of the circumstances of that fight.

If you have been falsely charged with a crime, it can be tempting to argue with police officers and court officials. Doing so is not wise, however. Law enforcement officers often record and write down everything that you say. That evidence can be used against you in court. The best thing to do is to remain silent and to contact a defense attorney as soon as possible. When law enforcement officers say that anything you say can and will be used against you, they mean it. Try to remain calm and quiet until consulting with an experienced Charlotte criminal defense attorney.

At Arnold & Smith, PLLC, we thoroughly review all of the facts and circumstances behind the false criminal accusation. We examine all the available evidence and witness testimony to discover evidence that can be used to prove that you are not guilty. In many cases, North Carolina police officers and prosecutors often exaggerate their slam dunk cases to defendants.

Even when prosecutors and police say they have a winning case, they often do not have the evidence to support that claim. Once your attorney examines all of the evidence, you will have a better picture as to whether you can ask a judge to dismiss or reduce the false criminal charges. The best way to fight a false criminal accusation is to find evidence that proves the defendant’s innocence and challenge the prosecution’s narrative.

In North Carolina, those who are falsely accused can file a lawsuit against the false accuser. Falsely accused individuals can file a civil defamation lawsuit or a malicious prosecution lawsuit. The plaintiff must be able to prove the following:

• That the defendant instituted or participated in a criminal proceeding against you
• The defendant did not have probable cause to do so
• The defendant did so with malice, and
• The trial resolved in your favor with a dismissal or acquittal

Defendants will also need to prove that the false accusation had a negative effect on their lives. For example, loss of a job, damage to one’s reputation, emotional suffering, lost wages, and attorney fees and costs can all be considered evidence of a negative effect.

Time is of the essence when you are fighting a false criminal charge in North Carolina. Contact the skilled criminal defense lawyers at Arnold & Smith, PLLC today to schedule your free initial consultation.