Handling False Accusations

Tucson Criminal Defense Attorney Explains Handling False Accusations

False accusations are common in Arizona criminal cases.  For various reasons, alleged victims will come forward to report a crime that never happened, or knowingly accuse the wrong person.  After all, weaponizing the state against a person is likely to do more damage than most people are capable of doing personally.  Further, police, prosecutors, and judges are not inclined to suspect false accusations, despite the presumption of innocence that should be afforded to criminal defendants.  When a person makes a false criminal accusation, the accused is in a difficult position, and in need of thorough, aggressive criminal defense representation.  If you or a loved one has been falsely accused of a crime in Tucson, Arizona, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

Making a false accusation to police is a crime, and lying in court is an even bigger crime.  For these reasons, accusers who have lied are not likely to come clean and admit that they lied.  Uncovering the reasons for the false accusation, and pointing out the inconsistencies within the accusation, and between the accusation and objective evidence are vital.  In many cases, the accused telling the true story of what happened will be vital, in which case gathering evidence that corroborates that story will be very important to get the right outcome in the case.

WHY ARE FALSE ACCUSATIONS MADE?
False accusations are especially common in cases involving Domestic Violence, Sex Crimes, Assault Crimes, and the like.  In those cases, alleged victims often use the accusation to gain an advantage in divorce or child custody proceedings, to "get back" at someone for real or perceived infidelity, or to cover up their own immoral or illegal conduct.  EXAMPLE:  John and Brenda have been together for 5 years, and have a child together.  Brenda learns that John was having an affair with a neighbor, and is upset.  During an argument, Brenda throws plates at John and the police are called.  Brenda lies and tells the police that John pushed her and hit her.  Unfortunately, this is not an uncommon scenario, and is one of the most common types of false accusations.  Additionally, federal immigration law provides a visa opportunity to victims of domestic violence; this means that the law provides an incentive for people to claim that they are victims of domestic violence.  False accusations are not always made by romantic partners.  In some cases, police have been discovered to falsify their reports, and even plant evidence. 

False accusations, especially those made by law enforcement, are generally believed, and frequently result in criminal charges.  Often, false accusations are made carefully, such that they are not easily contradicted.  This can be especially true in domestic violence and sex crimes situations, where there are unlikely to be percipient witnesses who can dispel a false accusation.  Thorough investigation, careful examination of witnesses (including the accuser), and strong presentation and argument skills are all vital to uncovering false accusations.

A proper investigation into false accusations will not only serve to gather evidence contrary to an accusation, but also should seek to develop the accuser's motive to lie.  For example, an alleged rape victim makes a false accusation because they do not want to admit being unfaithful to a partner, or a parent falsely accuses the other parent of child abuse to gain leverage in child custody proceedings.  In these situations, an investigation should be conducted not only to gather facts contradicting the accusation, but also to see whether the accuser might have made statements to friends, family, or on social media that expose the lie, or at least the motive to lie. 

Today's technology offers new investigation opportunities.  Not only do individuals volunteer loads of information on public social media platforms, but the presence of audio and video recording and private electronic communication, make uncovering false accusations more likely than ever before.  In the same way that law enforcement agencies are able to use technology to their advantage in investigating suspects, a vigorous defense may take advantage of forms of evidence that were never available in the past.  This is especially important in false accusation cases.  When interviewing a potential witness about events that took place months ago, we can now put a lot of pieces together by looking at text messages, social media posts, online banking, and more.

Once evidence of a false accusation and motive to lie are gathered, that information can be used to confront the accuser.  This can be done in a number of ways, including bringing the information to the attention of the prosecutor and court, cross-examination during a preliminary hearing, or at trial.  Ultimately, the government has the burden of proof in criminal cases, and must prove their story beyond a reasonable doubt.  If the court or prosecutor are not willing to dismiss the case, the evidence of a false accusation and motive to lie are what will hopefully serve as the jury's reasonable doubt to acquit a falsely accused person.

IF YOU OR A LOVED ONE HAS BEEN THE VICTIM OF A FALSE ACCUSATION, AND HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER.
520-585-5757

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Pima County Superior Court
Tucson Police Department
Pima County Sheriff

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Pima County Justice Court
Pima County Sheriff Inmate Locator