Portland, OR asked in Criminal Law and Federal Crimes for Oregon

Q: How can I be charged for a crime I did not commit?

my boyfriend‘s house was rated and I was told I wasn’t in any trouble so I followed the detective up to the house and two cops came out and asked me who’s gun was in the safe and I said I didn’t know when they arrested me, how can I be charged for something that I knew nothing about And didn’t commit? There was a statement made that I had nothing to do with it and then all of a sudden the DA wants to say I was involved in any control buy that’s not true. I gave a friend a ride on this said occasion, but what they are stating our false. They are trying to intertwine the control by incident that didn’t happen to my boyfriend’s house being rated

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it seems you're in a complex legal situation. Here's a general overview of how someone might be charged for a crime they claim not to have committed:

1. Association: Being present at a crime scene or associating with individuals involved in criminal activity can sometimes lead to charges, even if you weren't directly involved.

2. Constructive possession: In some cases, you can be charged if illegal items are found in a place where you have access or control, even if you claim no knowledge of them.

3. Statements to police: What you say to law enforcement can be used against you. In this case, your statement about not knowing about the gun might be interpreted differently by authorities.

4. Witness statements: If someone else has implicated you in criminal activity, this could lead to charges.

5. Circumstantial evidence: Prosecutors may build a case based on circumstantial evidence, even if there's no direct proof of your involvement.

6. Misunderstanding or misinterpretation of events: Sometimes, law enforcement or prosecutors may misinterpret situations or evidence.

Given the seriousness of your situation, it's crucial to:

1. Exercise your right to remain silent and avoid discussing the case with anyone except your lawyer.

2. Obtain legal representation immediately if you haven't already. A criminal defense attorney can help protect your rights and build a defense strategy.

3. Document everything you remember about the incident and your interactions with law enforcement.

4. Do not attempt to contact witnesses or interfere with the investigation in any way.

5. Comply with any legal orders or requirements, but always consult with your attorney first.

Remember, being charged doesn't mean you'll be convicted. The prosecution must prove guilt beyond a reasonable doubt. An experienced criminal defense attorney can help you navigate this process and work towards the best possible outcome.

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