Asked in Libel & Slander and Criminal Law for Arizona

Q: Mistaken identity wrongfully charged with a crime

Nobody bothered to further investigate the surveillance footage to verify whether or not it was even me no investigating officer met me in person to compare me to the footage and now a year later I'm going to jury trial for a crime I didn't commit that I've already been charged with.

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1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: If you are going to jury trial it sounds like you already have an attorney and this is something you want to discuss with your attorney. If you have not hired an attorney it is strongly advised you consult an attorney immediately. The prosecutor is required to prove beyond a reasonable doubt that it was you and with the help of an experienced criminal defense attorney you can be in the best position to present your defense.

Unfortunately, even people who are innocent get charged with crimes. A charge does not mean someone is guilty. If you are found not guilty you may be able to petition to the court expunge your arrest record under ARS 13-4051. This is also something to consult an attorney if this is an option.

Again, if you already have an attorney though you should direct your questions and concerns to him or her.

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