BLOG

What to Do if You’ve Been Wrongfully Accused of a Crime 

Robert Stahle • September 7, 2018
wrongfully accused of a crime - Fitch & Stahle Law Firm

Our justice system was put into place to protect society from those that commit crimes and cause harm to others, and for the most part it does its job. Unfortunately, no system is without failures, and occasionally an innocent person will be wrongfully accused and need to defend themselves against a crime they didn’t commit.

While statistics on the overall rate of wrongful convictions are sparse, one studyshows the false conviction rate for defendants who’ve been sentenced to capital punishment exceeds 4%. This number tells us that not only do false convictions occur, but they can also carry dire consequences for the wrongfully accused defendant. If you are innocent, yet find yourself facing criminal charges, it’s crucial to take steps to defend your freedom.

You Have the Right to Remain Silent

The Fifth Amendment of the United States Constitution protects citizens from being compelled to be a witness against themselves. The Miranda Rights were put into effect to prevent law enforcement from forcing or coercing the accused into giving up this right. Step number one when wrongfully accused is to use your right to remain silent.

No matter how innocent the questioning may seem, it’s important to not say anything without a defense attorney present. Chances are that you’ll already be nervous, and emotions will be running high. One incorrect detail or inconsistency in your retelling of events can later be used to establish your involvement. Remaining silent doesn’t make you look guilty, it means you’re smart.

Hire a Defense Attorney

Not hiring a criminal defense attorney is a critical mistake that too many innocent defendants make. At first glance it might seem like the facts will come to light and everything will work out. After all, if you’re innocent, how can the prosecution possibly prove guilt?

It’s important to remember that in a criminal trial, the prosecution is required to prove beyond a reasonable doubt that you committed the crime. In some cases, evidence and testimony can be presented in such a way that eliminates reasonable doubt. The fact is, you never know what you’re up against in a criminal case.

Additionally, a defense attorney will understand the prosecution’s perspective and is well equipped to guide you in how to best proceed with your case.

Discuss Your Options

Once you’ve hired a defense attorney, you’ll discuss your case and consider the best options for establishing and maintaining your innocence. You attorney’s suggestions will depend greatly on the circumstances of your case.

For example, sometimes a “wait and see” approach is best, especially if there’s limited evidence against you. In some cases, it can take the prosecution so long to gather evidence that they’ll determine that there’s insufficient evidence rather than devote time to a dead-end case.

In other cases, a defense attorney might propose a more aggressive strategy to pursue a dismissal. Then there will also be situations in which neither of these are valid options and the case goes to trial. In this case, having the most experienced defense attorney by your side is crucial.

Work with Experienced Siouxland Lawyers

If you’ve been wrongfully accused of a crime, we’re the defense team in the Siouxland area of Iowa and Nebraska that can establish and defend your innocence. Contact Fitch & Stahle Law Offices today for a free consultation.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.