False accusations are, unfortunately, not at all uncommon in criminal prosecutions and family law proceedings. Some of them arise from personal vendettas, some are based on child custody disputes, and some are attempts at blame-shifting. Your accuser might actually believe their own accusations against you, or they may have fabricated testimony against you.
Only human ingenuity limits the variety of these travesties of justice. If you have become the victim of a false accusation, it’s crucial that you know how to fight back. A good lawyer can show you how.
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Liars Tend to Expose Themselves—and the Criminal Justice System Leverages This Fact
Liars need excellent memories because one set of lies frequently generates the need to generate a new set of lies to explain inconsistencies generated by the first set of lies. For this reason, those who tell the truth tend to fare much better during cross-examination than liars do. This phenomenon can work to the advantage of innocent individuals, as inconsistencies in a liar’s testimony are more likely to be exposed.
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Staying Calm is a Powerful Legal Weapon
Emotion and rationality can become enemies. You can choose emotion and lose, or you can choose rationality and (hopefully) win. False accusers will try to bait you into words or actions based on anger or fear. Don’t fall for it. Rehearse your testimony with your defense attorney before you give any testimony in court.
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You are Innocent Until Proven Guilty
You don’t have to prove you’re innocent. It is the prosecution’s job to prove you guilty. And they must prove your guilt beyond a reasonable doubt. “Proof beyond a reasonable doubt” means the evidence presented must be so convincing that no reasonable person would hesitate to rely on it to make an important decision, leaving no reasonable doubt as to the defendant’s guilt.
That means that if you can raise reasonable doubt, you can beat the prosecution. You might even be able to reverse the prosecution even after you have already been sent to prison.
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You Have More Rights Than You Probably Know About
Many of us are familiar with the Miranda warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” Under the U.S. Constitution, you are granted several fundamental rights, and it is in your best interest to understand how to exercise them effectively. Here are a few key rights you should be aware of:
- The right to remain silent. The prosecution cannot force you to testify against yourself.
- The right to an attorney, even if you cannot afford to pay one.
- The right to confront and cross-examine your accuser.
- The right to a speedy trial.
You have dozens of more rights, so ask your attorney about them.
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Evidence Speaks Louder Than Words
When gathering evidence, you must act quickly. A well-placed mall parking lot CCTV video, for example, might devastate the prosecution’s case against you. But mall management might erase these tapes every so often, leaving you without crucial evidence. People also inadvertently erase electronic evidence that could exonerate you.
Words can also serve as evidence. For example–criminal law recognizes two kinds of witnesses—lay witnesses and expert witnesses. A lay witness might testify that you were with them in another state on the night of the crime in question. An expert witness might conclude that your DNA doesn’t match the DNA found at the crime scene. Both types of witnesses can serve as crucial evidence in your favor-–or against you. Remember that just because the prosecution has hired an expert witness doesn’t mean the court will necessarily believe their testimony.
Hire an Experienced New York Criminal Defense Attorney
One of the most critical yet often overlooked reasons to hire a skilled New York criminal defense attorney when falsely accused of a crime is that a defense lawyer serves as an objective third party who can maintain composure when emotions run high. In a criminal prosecution, with your future on the line, it’s easy to become overwhelmed and make impulsive decisions. That’s why it’s crucial to consult with your attorney before making any significant choices in your case.
This level-headed approach can lead to much better outcomes. For instance, you may feel pressured to accept an unfavorable plea bargain after the prosecutor intimidates you with the threat of decades in prison for not cooperating. Such a decision could prove disastrous, especially if your lawyer had a strong case for an acquittal. Contact the experienced attorneys at Larkin Ingrassia, PLLC, today if you need help. We can guide you through these challenging moments, helping you avoid costly mistakes and protecting your best interests.
Contact a New York Criminal Defense lawyer at Larkin Ingrassia, PLLC Today
For more information, contact an experienced criminal defense lawyer at Larkin Ingrassia, PLLC, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and its surrounding areas:
Larkin Ingrassia, PLLC – Middletown
626 E Main St Middletown, NY 10940
Larkin Ingrassia, PLLC – Newburgh
356 Meadow Ave Newburgh, NY 12550
Larkin Ingrassia, PLLC – Kingston
233 Fair St Suite #1 Kingston, NY 12401