Wrongfully Accused of a Crime? You May Have a Case

Whether you have already been arrested or you are merely facing an allegation, it is imperative that you take immediate action to protect your rights. Your freedom and future could be at stake—especially if you have been accused of a felony. You can defend yourself against a false allegation. Here, our Richardson criminal defense attorney explains the key things to know about your rights and your options if you were wrongfully accused of a crime in Texas. 

Background: Prosecutors Must Prove Criminal Charges Beyond a Reasonable Doubt 

A criminal accusation is not a criminal conviction. Any person who is alleged to have committed a crime is presumed innocent until proven guilty. The burden of proof rests on the shoulders of prosecutors. They have a legal responsibility to prove any charge beyond a reasonable. It is a high bar to meet. The United States Courts defines reasonable doubt as “a doubt based upon reason and common sense and is not based purely on speculation.” 

Among other things, the standard is designed to safeguard against the wrongful conviction of innocent individuals by ensuring that the evidence against the accused is so compelling that there is no plausible reason to question their guilt. That is not to say that you should trust police, prosecutors, or the court system to come to the right conclusion. Sadly, wrongful convictions do happen. You should raise a proactive, zealous defense against a false allegation. 

How to Defend Yourself Against False Criminal Allegations

There are few things more stressful than facing a wrongful criminal accusation—even if no formal charge has yet been filed. A proactive approach is a must in any criminal case. You do not want to fall behind in the criminal justice process. Here are four key steps to take to defend yourself against false criminal allegations in North Texas: 

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  Understand the Severity of the Situation: All criminal allegations should be taken seriously—even if it is clearly false. Acknowledging the seriousness of facing a criminal charge, even a false one, is the initial step in tackling the situation effectively. Remember, a criminal charge can have long-lasting impacts on your life. It could cost you your freedom. Wrongful convictions do happen. Be sure to protect yourself by defending the charge. 
• Consult With a Criminal Defense Lawyer: Do not wait to get help from a lawyer. As soon as possible, be sure to consult with an experienced North Texas criminal defense lawyer. Among other things, your attorney can review the allegations, explain the potential charges, discuss the risk of penalties, and determine the next steps to take. Be open and honest with your criminal defense lawyer. Your attorney is on your side. 
• Preserve and Organize Relevant Evidence: While the burden of proof in a criminal case always rests on the shoulders of the state (the prosecution), defendants should still be prepared to present evidence. Ensure that you keep track of all documents, correspondence, and other materials related to your case. A proactive investigation is key. If you have any evidence that helps to establish your innocence—such as a text message, an email, a witness statement, etc—be sure you save that information. 
• Develop a Comprehensive Defense Strategy: There is no one right way to defend yourself against a criminal allegation. A top-rated North Texas criminal defense attorney can help you determine the best strategy for your case. You do not want to be a passive player in the process. By staying actively involved in your defense, you will be in the best position to effectively work with a defense lawyer who can help you clear your name. 

An Overview of Your Legal Remedies if Falsely Accused of a Crime in Texas

Do you have any remedy against a person who leveled a false criminal allegation in Texas? The short answer is “yes”—or at least you might. You could have a civil legal claim against the other party. Here is an overview of your two primary remedies to address false criminal accusations in Texas: 

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  You May Have a Defamation Claim: As a starting point, you may have a defamation claim—either on the basis of libel or the basis of slander—if you are falsely accused of a crime in Texas. Defamation is a civil cause of action. if the false accusations were made publicly and they harmed your reputation, you may be able to establish damages caused by civil defamation. Broadly speaking,  slander (spoken) and libel (written) involve the communication of false statements that damage a person's reputation. To prevail in a defamation lawsuit in Texas, the plaintiff must prove that the statement was false, defamatory, and that it was published with negligence or actual malice. If successful, the falsely accused may be awarded damages for harm to their reputation. 
• You May Have a Malicious Prosecution Claim: A defamation lawsuit is not the only civil cause of action that you may have against a person who made a knowingly false criminal allegation in Texas. Another possible claim for someone falsely accused in our state is a malicious prosecution lawsuit. Broadly explained, a malicious prosecution claim arises when one party knowingly and with malice, initiates a baseless legal action against another. In Texas, to establish a malicious prosecution claim, the accused must demonstrate that the prosecution had no probable cause, was instigated with malice, and was resolved in their favor. If these elements are proven, the accused may recover compensation for legal fees, emotional distress, damage to reputation, and other related damages.

An Overview of Contact Our North Texas Criminal Defense Lawyer Today

At JBABB Law, our Richardson criminal defense attorney is standing by, ready to protect your rights and interests. If you or your family member was wrongfully accused of a criminal offense, we are more than ready to help. Contact our criminal defense team right away for a completely confidential consultation. From our Richardson office, we provide justice-driven criminal defense representation throughout North Texas, including in Collin County and Dallas County.