If someone falsely accuses you of a crime in Texas, the steps you take in response can have a major impact on your rights, freedom, and future. It’s normal to feel angry, confused, and overwhelmed by a false criminal charge. But it is also critical not to let those emotions cloud your judgment or lead you in the wrong direction. Here’s an overview of how to handle being falsely accused of a crime in Texas and the essential role a criminal defense lawyer plays in that process.
What Should You Do If Someone Falsely Accuses You of a Crime in Texas?
Contact an experienced criminal defense lawyer immediately if someone files false criminal charges against you in Texas. Even if you are 100% innocent, your rights, freedom, and future are at risk, and anything you say to the police or your accuser could be used against you. Exercise your right to remain silent, seek legal help as soon as possible, and trust that an experienced lawyer can guide you through the process of responding to the allegations and seeing justice done.
Jack B. Carroll & Associates is a team of experienced Houston criminal defense lawyers. Call us today 713-228-4607 or contact us online if someone has falsely accused you or your loved one of a crime.
The Many Risks of a False Criminal Charge
You might think that a false accusation is nothing too serious to worry about. After all, you’re innocent, so things should work themselves out, right?
Wrong.
A false criminal charge poses a very serious and real risk to your life and livelihood. Simply being charged with a crime can cause you to lose your job, your family, and your reputation. It can put you and your loved ones under enormous stress. You could be arrested and held in jail awaiting a trial. If you are a non-citizen, a false accusation could threaten your immigration status.
Also, make no mistake: just because you’ve been falsely accused, that doesn’t mean the police and prosecutors will see things that way. Falsely accused people can—and sometimes do—get convicted and sent to prison for crimes they did not commit. Law enforcement will pursue a case against you if they think they can get a conviction, even if their case is based on evidence you know to be false. Texas prosecutors will even sometimes charge you with multiple severe crimes simply to put pressure on you to plead guilty.
In other words, it’s critical to take a false accusation of a crime in Texas seriously. If you don’t respond in a way that protects your rights and liberties, you could face catastrophic consequences.
Handling a False Criminal Accusation: Step By Step
So, how should you respond if someone accuses you falsely of a crime in Texas? Here is a step-by-step guide.
Step 1: Do Not Try to Talk Your Way Out of It
Most people in your situation hear about a false criminal charge for the first time when the police arrest them or ask to interview them. Their natural—and understandable—reaction is to think they can talk their way out of it since they know they did nothing wrong. But they should not do that. It’s always a serious mistake to try to convince the police, when they arrest or want to interview you, that you’ve been falsely accused.
The fact is, if law enforcement arrests you for or asks to interview you about a criminal charge, they already think you are guilty. All they want now is to get you to say something that will make it easier for them to prove your guilt. Nothing—literally nothing—you say to them at that moment is going to get them to change course and drop the charge or stop their investigation. So, do not bother trying.
You have the absolute right to remain silent in the face of being arrested or questioned by the police. Do not give up that right. Don’t talk to anyone, don’t answer any questions, don’t offer explanations or excuses. It can’t help. For now, the only thing you should do is stay quiet.
Step 1A: Contact a Criminal Defense Lawyer Immediately
We call this Step 1A, rather than Step 2 because it goes hand-in-hand with not trying to talk your way out of a false criminal accusation. If you learn you’ve been falsely accused, contact a criminal defense attorney immediately.
A criminal lawyer is the only person you should speak with after learning of the accusation from the police (or anyone else) because they are also the only person you can talk to confidentially at this moment. A lawyer can hear you out, shield you from police questioning, collect evidence to prove that the charge is false and reach out to prosecutors to begin demonstrating why they should drop the case. If prosecutors refuse to dismiss the charges, a lawyer can also prepare to defend you at a trial and present a convincing case for why you are not guilty to a judge and jury.
Until you have a lawyer on your side, you are at the mercy of law enforcement—who, to repeat, are only interested in getting you to say something that makes it easy for them to convict you of the criminal charge, even if you know that charge is false. So do not wait. Contact an attorney as soon as possible.
Step 2: Do Not Retaliate Against, or Even Speak With, Your Accuser
You probably feel upset with the person who has falsely accused you of a crime in Texas. It’s understandable to want to confront them or try to get them to take back their claim. But you shouldn’t. If you try, you could land yourself in worse trouble.
Remember, the police and prosecutors think you’re guilty. For now, they believe your accuser and are working to build a case based on the story they’ve been told. Which means, that if you contact the person who falsely accused you, law enforcement may think you are trying to obstruct their investigation, which is a separate crime. Plus, the person who falsely accused you may take anything you say to them to the police and twist it into further evidence to be used against you.
With the help of an experienced criminal defense lawyer, you will get your opportunity to prove your false accuser wrong. You may even get to turn the tables by convincing law enforcement that your accuser committed a crime by falsely accusing you, or by suing your accuser for damages. Until those opportunities arise, however, do not try to take matters into your own hands.
Step 3: Help Collect Evidence for Your Defense
In any criminal case in Texas, the state has the burden of proving your guilt beyond a reasonable doubt. That’s a high bar. And because the accusations against you are false, prosecutors should not be able to convict you if you have evidence to back up your innocence.
A criminal defense lawyer can evaluate your situation and explain what it will take to undermine the false criminal charge. Often, you and your loved ones will be able to help the attorney collect and assemble the evidence necessary to prove, for example:
- That you have an alibi for the date and time the crime allegedly occurred
- That you could not have committed the crime because you were physically incapable of it
- That your accuser is untrustworthy or has a history of making false claims
- That the state’s alleged evidence against you is flawed or points to someone else
- That you were justified in your actions, such as if you acted in self-defense or with legal authority
These are just some examples of the many ways a skilled lawyer can pick apart a false criminal accusation, with your help. The more responsive you and your loved ones can be to the lawyer’s requests for information and evidence, the better your chances of proving your innocence and putting the false accusation behind you.
Step 4: Be Patient With the Process
False criminal accusations disrupt your life. It’s normal to feel like they should go away immediately. Unfortunately, however, justice is not always swift in Texas, particularly when it comes to defeating false criminal allegations. Police and prosecutors don’t like being told that they’re wrong or admitting their mistakes. It often takes lots of time, effort, and (sometimes) a full-blown criminal trial to make them see the error of their ways.
To survive the process with your health, personal life, and reputation intact, you may need to find patience you didn’t know you had. It’s difficult to stand accused of a crime you did not commit, but an experienced criminal defense lawyer will stand with you, support you, and work tirelessly to ensure that, at the end of the day, you are not punished for a crime you did not commit.
Contact Jack B. Carroll & Associates Today
A false criminal accusation in Texas is nothing to take lightly. It poses a significant risk to your life and future. By following the steps above, you can protect your rights and help to ensure that the government does not wrongfully convict you.
If you have been falsely accused of or charged with a crime in Texas, contact Houston criminal defense attorney Jack B. Carroll today at 713-228-4607 or request your free case evaluation. 100% confidential and no obligation.