5 Things to Remember if You’re Up Against False Accusations in Court
Were you charged with a crime in Tucson, AZ? If so, this can be a stressful and frightening situation for you – especially if you were falsely accused. Under the law, you are innocent until proven guilty, and the prosecution has the burden of proof to prove you committed a crime. However, the legal process will need to play out while you try to explain your innocence.
If you have been wrongfully accused of a crime, here are 5 things to remember when you are wrongfully accused in court.
1. You Are Presumed Innocent
Under the law, you are innocent until the prosecution proves your guilt beyond a reasonable doubt. This means that if your case goes to trial, the state must prove all legal elements of the offense you are charged with. The burden is not on you, and you are not even required to testify. Jurors in a trial will be told you are innocent until proven guilty by the prosecution. Even though you might be placed in jail or released on bail, you are still entitled to be treated fairly.
2. You Have the Right to Remain Silent
If you’re falsely accused of a crime in Tucson, you will feel the need to speak out right away and explain your innocence. However, you have the right to remain silent and should do so until you meet with a lawyer. If you have the urge to speak to law enforcement, any statement you make could be used against you.
In explaining what really happened, you could say words that will be twisted and used by the prosecution later. This is also true if you misremember a key detail early on and change your testimony later. What you say to law enforcement can not be undone later.
If you are falsely accused, invoke your right to remain silent and do not talk to law enforcement without your lawyer present.
3. You Can Challenge the Evidence Against You
The prosecution will present evidence in court to convince a judge and jury you are guilty. However, you have the right to challenge the evidence with evidence of your own – including your own testimony. You also have a Sixth Amendment right to confront any witnesses who testify against you in court.
Your lawyer will cross-examine the prosecution’s witnesses on the stand to catch them in any lies or to damage the credibility of their testimony.
Your attorney can create reasonable doubt by showing:
- That a witness has a motive to lie about what happened and point the finger at you;
- That a witness’s story is inconsistent or not supported by facts;
- That a witness is biased against you for any reason;
- That a witness was not at the scene or did not see what they claimed to see
The prosecution presents their case first, and you’ll have the chance to challenge every aspect of their case.
4. The Burden of Proof Is Beyond a Reasonable Doubt
The prosecution carries a high burden of proof – beyond a reasonable doubt. This means that if they can’t meet that level of proof, you must be acquitted of the charge against you. A panel of jurors must all agree that the prosecution has met this threshold.
You are not required to prove anything as the defendant. However, you want to defend yourself aggressively through skilled legal representation. The stakes are too high to let anything slide when your liberty is at stake, and you’ve been wrongfully accused.
5. You Need to Work With Your Lawyer to Defend Your Case
Your defense lawyer will need your help to make the strongest case possible on your behalf.
Some steps your defense lawyer will take include:
- Interviewing witnesses
- Collecting physical evidence
- Seeking evidence that attacks the credibility of your accuser
- Challenging the prosecution’s evidence
- Raising issues involving your civil rights and constitutional rights
- Filing motions to suppress evidence
- Filing subpoenas to get documents and information.
To do all of this, your lawyer will need to hear from you about the issues. Your cooperation will go a long way toward defending yourself against false charges.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
You have no time to wait if you are falsely accused of a crime. You will need a skilled and experienced criminal defense lawyer if you’ve been wrongly accused and charged in Tucson, AZ. Contact our attorneys at Katsarelis Law Criminal Defense Attorneys today to learn more about your next steps and how to fight a charge.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439