If you have been wrongfully accused of a crime, you may think it’s best to cooperate with the legal authorities—by answering all their questions right away, for example. You’re innocent, after all, so it shouldn’t be a problem, right? Unfortunately, such thinking has led to people getting erroneously convicted of criminal law charges. Find out what to do so this doesn’t happen to you.

5 Steps to Take When Wrongfully Accused of a Crime

1. Don’t Talk to Police

When arrested and charged, you will be informed of your Miranda rights—including the key phrase “the right to remain silent.” Exercise this right! Anything you say can be used against you in an impending criminal law case. You don’t want seemingly innocent words to be construed as “incriminating” by a prosecuting attorney.

2. Refuse Any Searches

Do not allow the police to search your personal property. You only need to permit a search if presented with a warrant. This must specify what they are looking for, where they may look for it, and when. For instance, if they have a warrant saying they can search your garage, then they can only look there—not your entire home.

3. Do Not Contact the Accuser or Witnesses

If someone is wrongly accusing you of a crime, you may think that a simple conversation can clear up the misunderstanding. However, reaching out to an accuser or any witnesses associated with the case can work against you. The prosecution could argue you are trying to intimidate them to get the charges dropped. 

4. Hire a Criminal Law Attorney

Hire a legal professional specializing in criminal law as a defense attorney. They will have the knowledge and experience needed to build a strong case. They can also represent you in the courtroom if you end up on trial.

5. Give Your Lawyer All the Evidence

Gather all evidence in your favor as well as things that could work against you—and hand it all over to your lawyer. Your attorney will need all this information to strategize the best criminal defense for you. 

Thomas W. Smothers, Attorney at Law of High Point, NC, exclusively practices criminal law. A former public defender, he has been working in private practice since 2004. Since then, he has helped many local clients with his personalized and knowledgeable legal counsel. Learn more about his experience online. For a consultation, call (336) 885-1240.