What to Do If You’ve Been Falsely Accused of a Crime in Utah

Being falsely accused of a crime you did not commit is a traumatic experience that can permanently affect your life, your livelihood, and your future. You could be facing possible jail time, hefty fines, and a permanent criminal record.

You must act quickly to protect yourself, and the actions you take in the days after being falsely accused of a crime will have a lasting impact. One of the most important decisions you make will be choosing an attorney to defend you. The criminal defense attorneys at Douglas D. Terry & Associates have decades of experience representing people charged with crimes throughout Southern Utah. We will fight to protect your rights, your future, and your freedom by defending you against even the most serious criminal charges.

Immediate Steps to Take After Being Accused of a Crime in Utah

Being falsely accused of a crime can easily send you into a whirlwind of panic and confusion. You may not know who to trust or where to turn for advice. Do your best to remain calm, and remember that your behavior in the moments after being arrested and the days after being charged could affect your life forever.

For example, resisting arrest can result in additional criminal charges that could further complicate your situation. An aggressive reaction could damage your credibility and could later be used against you. Amidst the chaos of being falsely accused of a crime, do your best to remain calm and contact an experienced criminal defense law firm immediately.

Common Causes of False Allegations that Lead to Criminal Charges

While it is illegal to file a false police report, many factors can lead to a person being falsely accused of a crime. The false accusation could arise from a genuine mistake or a deliberate attempt to have you convicted of something you did not do.

False accusations of criminal activity are not uncommon in situations such as:

• Domestic violence — One spouse may make false claims of domestic violence during divorce proceedings in an attempt to get the upper hand.
• Personal grudges — Someone who holds a grudge against you may file false criminal charges out of spite or malice.
• Mental health factors — People suffering from delusions, paranoia, or other mental health issues might mistakenly believe a crime occurred.
• Mistaken identity — False accusations can arise when an eyewitness incorrectly identifies the wrong person, sometimes due to stress or poor visibility.
• Police errors — Mistakes made during the police investigation can result in the wrong person being falsely accused.
• Police misconduct — Perjury, forced confessions, and concealment of evidence can lead to false accusations.
• Forensic errors while collecting evidence — Improper handling of evidence is a common cause of false accusations.

You may have been falsely accused of a crime because an individual wants to divert attention away from themselves and onto someone else. Other times, false accusations are simply the result of being in the wrong place at the wrong time.

What Can You Do If You Were Falsely Accused of a Crime in Utah?

Even though you know you are innocent, there are steps you should take to protect yourself after being accused of a crime.

• Remain silent. Even if you did not commit the crime you were accused of, you should assert your Fifth Amendment right to remain silent and ask to speak to a lawyer.
• Contact an attorney. Speak to a criminal defense attorney as soon as possible. An attorney can intervene quickly to protect your rights. In some cases, an attorney may be able to prevent you from being charged with a crime.
• Do not allow a warrantless search. Except in a few limited circumstances, police generally cannot search your property without a warrant. The Fourth Amendment protects against warrantless searches and seizures, but if you consent to a search you waive this right.
• Establish an alibi. Gather evidence that supports your innocence. This may include correspondence, eyewitness accounts, receipts, security footage, text messages, or other documentation that can be used to prove you did not commit the crime.

Understanding the Burden of Proof Beyond a Reasonable Doubt

Anyone charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt. As the defendant, you do not need to prove your innocence. Instead, the prosecutor must prove you guilty by presenting proof beyond a reasonable doubt.

Your defense lawyer will gather evidence to show that it does not make sense that you were the one who committed the crime. Even if you do not have evidence that proves your innocence, he will work to show that the prosecutor does not have enough evidence to convict you.

Presenting Exculpatory Evidence

The type of exculpatory evidence your lawyer may present depends on the type of crime you were charged with committing. For example, if you were charged with drunk driving, your attorney may present evidence that the chemical testing equipment was malfunctioning. In cases that involve DNA or fingerprint evidence, your attorney may identify problems with the collection and lab techniques that were used to show that the evidence is unreliable.

In some cases, your attorney will present evidence of an alibi to show you were at a different location when the alleged crime occurred. Your attorney will also work to expose the reason for the false accusations and explain the motivation someone had to lie.

What To Do If You Were Falsely Accused of a Crime

Being falsely accused of a crime is a difficult and scary situation. You may find yourself facing serious consequences for something you did not do. Fortunately, you can work to combat the unfounded claim. Even though you are innocent, you should still seek experienced legal representation. The criminal legal system can be challenging to navigate, and any misstep could be detrimental.

Douglas D. Terry & Associates has been representing people charged with crimes in Southern Utah since 1983. We know Utah law and have unparalleled experience helping people facing criminal charges by providing them with their best defense. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide.

Contact Douglas D. Terry & Associates Today

Douglas D. Terry & Associates is the longest-serving criminal defense firm in St. George and represents people throughout Southern Utah who were charged with crimes. Contact our office to schedule a confidential appointment to discuss your situation and how we can help. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.