Falsely Accused of a Crime in New York: What Should You Do? 2024

If you have been falsely accused of a crime in New York, you are likely aware of how harrowing the experience can be. The impact on your reputation, employment, and personal relationships alone can be enough to face an uncomfortable amount of stress and anxiety. If you are in this situation, it is important to act swiftly and strategically to help protect your rights and maximize your odds of success.

Remain Calm and Don’t React Hastily

After being falsely accused of a crime in New York, it is natural to feel a surge of emotions like anger or fear. However, acting out on these emotions could cause additional damage that you do not want to happen. At this moment, try to remain calm and avoid any impulsive actions that could make matters worse.

For example, do not confront your accuser or attempt to clear your name publicly without seeking advice from a NYC criminal defense lawyer. Doing so would allow the prosecution to use everything you say in those moments as evidence in court. Try to take a step back and collect your thoughts while working on a rational plan with your attorney to build a strong defense.

Seek Legal Counsel Immediately

One of the most important decisions you will make at this moment is what criminal defense attorney you choose to hire. Find someone who understands the complexities and nuances of New York’s legal system. During an initial consultation, ask if they can speak more about their track record and what their ratio is between wins and losses. Having this legal resource can help provide clarity during what can be a confusing and stressful time.

Gather Evidence and Documentation

Spend time with your attorney to legally collect any evidence that supports your position of innocence. This can include various emails, text messages, photographs, videos, or anything else that helps to establish where you were and what you were doing during the time of the alleged crime. Take the time to make a list of potential witnesses who could also speak to their own observations or your character in general.

Your defense attorney will step in to organize and present all of this evidence as effectively as possible. In addition to physical evidence, they may introduce digital evidence as well. This can include social media activity, GPS data, or even phone records.

Cooperate with Your Attorney and Follow Their Advice

Your defense attorney is familiar with every step of this legal process. Cooperating with their advice can help you reach the outcome you are looking for. They will instruct you on how to interact with law enforcement, behave in court, and what strong preparation looks like to prepare for any legal proceedings. Be sure to attend all meetings with your attorney and never hesitate to ask questions about something that doesn’t make sense to you.

Understand Your Legal Rights

Work with your attorney to understand your legal rights as a defendant in New York. Your attorney can help fill these knowledge gaps. For example, you have the right to remain silent, access an attorney, and be subjected to a fair trial. Understanding these rights can help you avoid major pitfalls or be taken advantage of by the prosecution.

For example, if you invoke your right to remain silent, law enforcement could get in trouble for trying to get you to speak and declining your request to access an attorney.

Consider Legal Actions for Defamation

If the experience of this false accusation has significantly damaged your reputation, talk to your attorney and see if you have grounds for a defamation lawsuit. The concept of defamation involves someone making false statements that harm another person’s reputation. To win these cases, you and your attorney will need to prove that the false statements were either made intentionally or recklessly, which, therefore, caused quantifiable harm.

FAQs

Q: What Can I Do If Someone Falsely Accuses Me of a Crime?

A: If you have been falsely accused of a crime, the most important thing you can do is remain calm and connect with an attorney as soon as you can. They will help you collect all of the evidence you need to substantiate your claims of innocence. Be sure to avoid talking about your case with anyone other than your attorney to avoid anyone using statements against you in court.

Q: What Is the Punishment for False Accusations?

A: Anyone who makes a false accusation in New York can face serious legal consequences. If it is proven in court that they knowingly made the false statements, they could face the misdemeanor charge of filing a false report. This could subject them to a number of fines and time spent in prison. These penalties will increase if the false accusations lead to a wrongful conviction or cause the victim significant harm.

Q: Can False Accusations Affect My Employment or Future Opportunities?

A: Yes, false accusations can have serious implications that extend to your employment and future opportunities. This is true even if the charges are eventually dropped, or you are acquitted. For example, an employer may conduct a background check to find details on your arrest or the charges you faced. To mitigate this, work with an attorney to see what options exist to expunge or seal your records from being accessible by the public.

Q: Can I Take Legal Action Against Law Enforcement If They Mishandled My Case?

A: Yes, you have the right to hold law enforcement legally accountable if there is any evidence to suggest they violated your rights or mishandled your case. Some common claims include police misconduct, wrongful arrest, or even malicious prosecution. A defense attorney will also look to see if any of their actions violated your civil rights. The process will require a number of legally collected pieces of evidence to substantiate your claims in court.

Contact Greco Neyland, PC Today

If you have been falsely accused of committing a crime in New York and are ready to hold the responsible parties accountable, connect with the attorneys of Greco Neyland, PC today. We have years of experience defending clients against these unfair and unjust acts and would be honored to help restore your innocence as well. Contact us today to begin the process of clearing your name.