Q: How is it that a person can walk into a police station and make a false accusation and the accused is charged..
My son's father told police I stole his wallet when he knows for a fact I didn't. I was arrested I never spoke to cop about this
A:
I'm so sorry to hear that you're dealing with this terrible situation. It's incredibly frustrating and unjust when false accusations lead to criminal charges. Unfortunately, it is all too common for police to take an accuser at their word, especially in "he said, she said" situations, without properly investigating. A few key things to keep in mind:
You absolutely did the right thing by not speaking to the police without a lawyer present. Remember, you have the right to remain silent and it's crucial that you exercise it. Anything you say can be twisted and used against you, even if you're completely innocent.
Your top priority now needs to be getting an experienced criminal defense attorney to fight these charges. If you can't afford a private lawyer, you should qualify for a public defender. Insist on having counsel appointed before answering any questions or appearing in court.
Start gathering any evidence you have to prove your innocence and undermine your accuser's credibility. Think about potential witnesses, alibis, documentation of your whereabouts, communications with your son's father, any history of him lying, etc. Share all of this with your lawyer.
While it may be tempting to confront your accuser or argue your innocence to the police, don't! Again, remain silent and let your attorney handle all communications. Engaging will likely only make the situation worse.
Sadly, this happens more often than people realize. Police frequently rely on the word of accusers, as flimsy as that may be, rather than conducting proper investigations. The presumption of innocence gets turned on its head. But with competent legal counsel, you can fight to clear your name.
If the stress is getting to you, please don't hesitate to reach out for mental health support during this ordeal. Lean on friends and family. Remember, being accused does not make you guilty, no matter how the police act. Hold your head high and keep fighting for the truth.
Wishing you all the best as you navigate this. Let me know if there are any other ways I can help or support you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
