There’s only one thing more jarring than being accused of a crime you didn’t commit. That is being accused of a sex crime you didn’t commit.
Our society sees sex crimes as heinous, and are much more likely to assume a defendant is guilty. The subjective, emotional nature of the crime makes it hard for people to look at the situation rationally.
People assume that no one would fabricate a sex crime charge, but it happens often. In our years of practice, we have defended countless people who were falsely accused.
Fortunately, criminal law firms have discovered how to protect the innocent. These five important tips can make the difference.
Don’t Say Anything
The first step when you’ve been falsely accused is to stay silent. Absolutely anything you say can and will be used against you – often in the most emotional, hysterical way possible.
Remember that people have a variety of reasons for falsely accusing you.
They may want money from you. They may be looking for an advantage during a divorce. Or, they may simply have a reason to want to ruin your reputation.
No matter the reason, nothing you say will help the situation. Every word will be dissected, and every reason will be overanalyzed.
I’m sorry to tell you this, but the prosecutors are not looking to discover the truth. They are only interested in proving their case. Everything you say will be seen through that lens.
Get Legal Representation Immediately
Unfortunately, some people see “lawyering up” as an admission of guilt. Nothing could be further from the truth.
Instead, criminal law firms know that getting a lawyer immediately ensures that there is someone on your side in this situation. As we mentioned earlier, the prosecutors are looking to prove their case. No one is neutral.
You need someone to help you prove your case as well. You need help to get the evidence together to prove your innocence. A strong criminal defense lawyer will be that advocate.
Don’t try to defend yourself. The only thing you should tell anyone is that you want to speak to a lawyer right away.
Protect and Collect Key Evidence
Strong and experienced criminal law firms will tell you what evidence you need to collect for your case. If your lawyer doesn’t ask for the following, at a minimum, you may need a different professional.
You need to collect:
- Medical records, which can show that the alleged activity could not have occurred because there would be evidence of injury or violation.
- Psychological evaluations of the accuser to show any possible instability or motive for a false accusation.
- Your criminal history and the criminal history of the accuser, to show the character of both parties.
- Any recorded conversations, including texts, instant messages, social media, and more.
- The names and information of any witnesses for the accuser, so that your defense attorney can prepare a strong cross-examination.
Avoid Plea Bargains
If you haven’t committed a crime, you have no reason to give in to a plea bargain. Many times prosecutors offer a plea bargain because their case is not as strong as they hoped.
Remember, prosecutors are not your friends and they are not doing you a favor. If they have an offer, it’s because that’s what’s best for them and the accuser. A plea bargain offer is a sign they can’t prove a strong case.
Of course, if you have committed a crime, a plea bargain can be a way to reduce the time you serve and the severity of your sentence. But if you are falsely accused of a sex crime, any plea will involve life-long consequences.
A plea bargain may seem to help shorten your ordeal and help you avoid years in jail, but it will also likely involve lifetime registry to a sex offender list. This alone can make it impossible for you to work or live where you wish.
Accepting a plea bargain will also be seen as an admission of guilt, damaging your future legal efforts.
Don’t Expect a Lot of Public or Emotional Support
Unfortunately, those who you love and know may change dramatically after this kind of accusation. You may find that people who you thought you could trust turn against you.
You may say that you are not the type of person who would do this, but your friends and family may still not stand by you. This is especially true in the case of a divorce or attempts to ruin your reputation.
Your accuser may trash you on social media, sharing all kinds of lies about you. You will want to defend yourself. Unfortunately, you need to stay silent.
As a result, public opinion will turn against you. You won’t receive much support, even if you are truly innocent. Whoever is accusing you has every reason to make it a big deal to everyone.
Even among those who support you, you must not discuss your case. Anything you say, even in confidence, can become part of a case. You may be shocked to see your best friend suddenly testifying against you.
Don’t expect public support – you’ll have to ride this out with your criminal attorney as your primary ally.
Criminal Law Firms Are Your Best Ally
The only person looking to prove your innocence and protect your future is your criminal defense lawyer. Criminal law firms aren’t a common place to look for friends, but in a case like this, we are your best partner.
You’re going through a difficult time. The good news is that we have helped others like you, and we’re here to support you in your journey as well. We know what it takes to navigate this system.
Request a Free Consultation from Criminal Defense Attorney Mario Madrid
Due to his experience as a former Associate District Attorney for the State of Texas, early in his career Mr. Madrid gained a perspective that few other criminal lawyers possess. His intimate knowledge of prosecution strategy has endowed him with an uncanny knack for finding weaknesses in the prosecution’s case and exploiting them skillfully. From 2008 to 2014 he supplemented his experience as a prosecutor with service as a Judge for the City of Houston, where he gained a bird’s eye view of how a judges looks at evidence and how a court is likely to rule on various motions. Combined with his experience as a criminal defense attorney, Mr. Madrid has the ability to “put it all together” to prepare the best possible defense for his clients.
Get in touch with Mario Madrid today to request a free consultation:
[contact-form-7 id=”37″ title=”Contact form 1″]