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Being accused of a crime you didn’t commit is one of those nightmares that nobody ever thinks will happen to them – until it does. While it is thankfully relatively rare, some people do find themselves in the difficult position of having to prove their innocence and clear their name through no fault of their own. Why could this happen? There are many possible reasons why this could happen such as a case of mistaken identity, i.e. you physically resemble the person who committed the crime. Unfortunately, in some cases the accuser may make accusations due to mental health issues, to cause trouble for you, to discredit you or even simply to attract attention.
If you find yourself being accused of a crime you did not commit, here are the steps you should take.
Find a criminal lawyer
Even if the accusations are completely ridiculous and you are confident that you can prove them to be so, it’s essential to hire a criminal lawyer. They will be able to advise you on the best course of action and guide you through the legal proceedings, which can be complex and frightening. Whether it’s a relatively minor offence you are being accused of or something more serious, a criminal lawyer should be able to help you resolve the situation sooner rather than later.
Do not contact your accuser
Many people may have an initial urge to contact the person who has made the accusations to demand an explanation. This is rarely a good idea as it can often provide the accuser with further ammunition for manipulation, e.g., if an ex-partner has accused you of harassment or stalking, contacting them is the last thing you want to do.
Attempting to persuade the accuser to drop their allegations could also be presented as witness intimidation which is a crime in itself. The best course of action is to cut all contact and keep your distance until the situation has been resolved.
If it is not possible to avoid someone completely, e.g. you work together or you live in close proximity to them, try to ensure witnesses are present during all interactions to prevent any further false allegations being made.
You are innocent until proven guilty
The law states that defendants are innocent until proven guilty (Human Rights Act 1998). This means that the burden of proof is on the prosecution to prove you committed the crime and you do not need to be able to demonstrate your innocence for the allegations to be dismissed. This is why you are under no obligation to answer police questions or even to respond in a court trial, but being uncooperative or obstructive could backfire in some situations. Your criminal lawyer will be able to advise you on the best course of action.
Privacy
Aside from special circumstances, accusers and defendants aged 18 and over are not granted anonymity should a case go before the court; you will not be able to preserve your privacy. This is why it’s so important that you seek legal advice as early as possible in order to resolve the matter before any charges are brought against you.