Explore Your Options if You are Subjected to False Accusations in NJ
Even Under the Premise of “Innocent Until Proven Guilty,” Being Falsely Accused Requires Taking Immediate Action to Defend Yourself
Being accused of a crime you didn’t commit is frightening. It can affect your job, your family, and your business. Unfortunately, in America, the rule of “innocent before proven guilty” isn’t always applied, especially when the crime is related to violence or sexual assault. Everyone jumps to conclusions before anything is proven or evidence is submitted. There only need be the slightest whiff of impropriety, and you can be charged with something you did not do.
Implications of Being Falsely Accused in NJ
The repercussions of being falsely accused of something can vary. For example, if your former spouse accuses you of child abuse and you are a teacher or work with children, you could be placed on leave without pay until the matter is investigated and settled. If you work at a financial institution and are accused of absconding funds, you could be fired on the spot. Unfortunately, as a form of revenge, an ex-spouse can accuse you of domestic violence, destruction of their property, threats, etc. If there were no witnesses and you two had a history of loud arguments that the neighbors heard, it wouldn’t be too stretched to spin a story of physical violence. You would be obligated to leave home until the matter was ironed out. Imagine everyone believes you are guilty, and you never put a hand on them. Suppose you own your own business and are accused of money laundering, bad business practices, or embezzlement by a spurned employee or relative. You could lose enough of your client base to have to close up your livelihood. Destroying someone’s reputation is much easier than building a good one.
Let’s take a quick look at the rich and famous. One would think they are untouchable with all their money and clout. However, as soon as someone is accused of something, the endorsement deals are gone, filmmakers no longer want to work with them, and the only way they can get on tv is when one of their old commercials is on a blooper reel. As soon as an accusation is made, instantly, they are guilty, no matter how little proof there is. You can see that even they can fall prey to false accusations. The first thing they do is lawyer up, and that’s the first thing you should do as well.
Ways to Protect Yourself when Falsely Accused in Monmouth County
Contact an Experienced Lawyer
The first thing you should do is get a criminal lawyer such as those at Chamlin, Uliano & Walsh who will start working to protect your innocence right away. A lawyer can not only gather evidence, but talk to potential witnesses as well. Your lawyer may be able to stop the false accusations in their tracks before any charges are placed against you. You should always listen to your attorney’s advice. This is someone who knows the law and can help you get the best possible outcome. They know how to interview witnesses and look for evidence. They also know how to look for issues with any evidence that supposedly speaks to your having committed a crime in the first place. They can study the accuser’s background to find helpful information. They can have expert witnesses support your innocence. Your attorney can collect details that will demonstrate a lack of credibility on the part of the accuser.
Keep Calm in the Middle of Adversity
Losing your cool while trying to defend yourself could only make matters worse. Don’t add fuel to the fire by demonstrating angry, aggressive behavior. Appearing to be out of control can negatively affect your situation and provide your accuser with more evidence to use against you.
Work on Gathering Key Evidence
Using a journal to write down as much as possible about the contact you have had with this person is recommended. What was the mood of the encounters? What was said? You should include all text messages, emails, voice messages, and phone calls. Offer GPS data, photographs, and clothing. Use whatever your lawyer feels will best help your case.
Additionally, attack your accuser’s credibility. Are they substance abusers? Do they have an ulterior motive for falsely accusing you? Have they been caught lying about significant circumstances before? For example, if your ex-spouse wants full custody of your children, they may accuse you of abuse or neglect to sway the decision in their favor. Your attorney will direct questions in a manner that will reveal your ex’s intentions.
Stay Away From Social Media
As tempting as it is to put people on blast and let the world know you have been wronged, those posts could be used against you. While taking screenshots of your accuser’s posts could be helpful, stay away from posting anything regarding your accuser or the charges against you. We are accustomed to airing our dirty laundry, at times to drum up sympathy, but once it is out there, you cannot take it back.
When you are read your rights, one of them is the right to remain silent. It is never a good idea to talk to law enforcement officials without an attorney present. It is tempting; you want to clear up the matter as quickly as possible, sit down and tell them what you know about what happened. Unfortunately, your sincerity and willingness to answer all of their questions could land you in a whole heap of trouble. Your best option is to say that you will not give any testimony until your lawyer is present. Stay tight-lipped, no matter how much they cajole and tell you they can help you if you explain yourself. Sometimes explaining the situation will lead to the case being dropped right then and there, but it is better to err on the side of caution.
As tempting as it may sound if your accuser offers to meet with you, ensure you bring someone who can vouch for the meeting and what was said. Any contact with your accuser should be discussed with your lawyer, who will probably tell you it was a bad idea.
Discuss Your Defense Options with Chamlin, Uliano & Walsh if You Were Falsely Accused in Freehold, Belmar, Red Bank, Middletown, and other areas
There are many things an attorney can do to help you combat these false allegations. Besides preparing your defense, interviewing witnesses, and presenting as much evidence as possible to prove your innocence, they can prepare you to defend your case in court. Once the accusations have been proven false and the charges against you are dropped, you and your attorney can begin your expungement of the arrest and the criminal charges to remove any trace of this unfortunate situation from your criminal background. An expungement essentially wipes the slate clean such that you can legally answer “no” to questions about having been arrested or convicted of a crime.
Chamlin, Uliano & Walsh is a Monmouth County law firm known for its excellence. With an attorney from our firm, you will immediately feel better about your circumstances in Asbury Park, Freehold, Little Silver, Red Bank, Holmdel, and neighboring towns in Ocean and Monmouth County. We stand ready to defend you against your accuser and the state if and when charges have been filed. It is our purpose to allow for little to no damage to your public and personal life.
Our experienced and dedicated legal team is waiting to hear from you to discuss the false accusations that you face. Contact us at 732-440-3950 or make your appointment for your free consultation online.