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