Long Beach, CA asked in Criminal Law and Civil Rights for Minnesota

Q: What can I do in a situation where one is falsely accused?


I am asking on behalf of a relative who, due to a misunderstanding, was falsely charged with an altercation against law enforcement. I understand that the subject itself is touchy, but I am at a loss as to what they can do. To sum up the event:

My brother was at a bar with his platonic female friend. She passes out and for some reason someone assumed that he drugged her and alerted the authorities. When he turned around to help her, he was tackled to the ground and restrained by police officers. It was a first for him to be in such a situation so he slightly resisted out of instinct. He neither ran away from arrest nor assumed a hostile attitude towards the officers as recalled by the bartender on shift. He was arrested and placed in jail for the night while having been ordered to go to court this coming Thursday.

I have asked of him to take his time and jot down what had happened to him in as much details as he can remember.

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: First, after a traumatic event, it's important to pause to regain as much of a clam demeanor as can be. It's difficult to avoid feeling defensive and emotional, but valuable to try view the situation as a problem or puzzle that needs to be solved. Assume that there is a solution. the challenge is to find - the best one. Given the severity of having a criminal conviction record, it's worth hiring a good criminal defense lawyer to help find that solution.

In general, we de-escalate conflict. And we use the truth as our weapon. Beyond that we use strategy, which is to say we discern the facts that will show the truth to those who are jumping to wrong conclusions, who are stereotyping, who have the wrong idea.

Fact gathering. Then apply the law. And help people see the truth by placing it directly in front of them.

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