Being falsely accused of some wrongdoing can have a major negative impact on you mentally, socially, professionally, and legally. If you have been falsely accused of a crime, you may need to defend your rights in court. Even if the accusation does not have a legal remedy, you can still take action to repair your reputation and your emotional well-being. As navigate the fallout from a false accusation, manage your own feelings, determine the proper way to defend yourself, and consider going on the offensive to recover in court.
Steps
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Internalize the situation. Being the subject of false accusations can trigger a range of responses from frustration to full-on panic. Your goal should be to accept your present circumstances without blowing them out of proportion. [1] X Research source- You may be inclined to deny the severity of the situation or hope that the problem will go away on its own. You need to appreciate the situation to properly take action to resolve it.
- Don't get sucked into negativity. Telling yourself that your life is ruined will only contribute to your stress. Focus that energy on what you can do to take control of the situation and defend yourself.
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Acknowledge natural guilty feelings. Even if you are innocent, you may still experience feelings of guilt. When someone points a finger at you, a small part of you may feel that you must have done something wrong to deserve such negative treatment. These feelings are normal. Acknowledge them and let them go.Advertisement -
Pick your battles. A false accusation may lead to more accusations, rumors, and confrontations. Stand up and defend yourself when it matters, but resist the urge to react to rumors and minor slights. Trying to engage and refute every rumor will tax your time and energy. Some people will not be satisfied with the truthful version of events. There is little that you can do to sway them, so don't waste your energy. [2] X Research source- For example, if you are accused of some misconduct at work, your coworkers may continue to make insinuations and jokes behind your back despite an official investigation clearing you of blame. Ignore them, and they will eventually lose interest.
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Find support in others. Your close friends and family know you better than anyone else and will trust in your innocence. What's more, they will share their positive feelings about you with others. Those closest to you can be both your therapists and PR representatives.- Don't be afraid to ask for professional help. A professional therapist or psychologist can help you work through your feelings and take control of your emotions.
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Identify the "judge" in your situation. In a court of law, it is the judge's (or jury's) opinion of you that matters. Outside of court, there is typically a person or group whose opinion of you is affected by the false accusation. Identify who is judging you in this situation so that you can focus your efforts on repairing your reputation with that person or group.- For example, if you are accused of stealing at work, it is your boss's opinion of you that matters, because your boss has the authority to investigate the accusation and fire you if he or she believes the accuser's story.
- Sometimes, your only judge is your accuser. In these cases, the only consequence of the false accusation is the harm to your relationship with the accuser. You will need to respond to that person by acknowledging the pain they have suffered, explaining your innocence, and working together to repair your relationship.
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Plan your response. The appropriate response will depend upon your situation. Some false accusations arise from miscommunication, such as an accusation that you made a promise and did not keep it. Others arise from mistaken identity, such as an accusation that you harmed someone when in fact they were harmed by someone else. Some false accusations are completely groundless, like a made up story created by someone who wants to get you in trouble.- Sometimes, an alibi is your best defense. Try to establish that you were not present when the wrongdoing occurred.
- Offer an alternative explanation if you can. You can try to resolve cases of miscommunication or mistaken identity by identifying the guilty party or pointing out where the accuser made a mistake. It's not entirely fair to expect you to solve a problem you didn't create, but if you are able to solve the problem, you can resolve the controversy yourself. However, avoid making any false accusations of your own.
- In some situations, all you can do is plead ignorance. For example, "I don't know why Mark would accuse me of making a rude comment to him in the hall. I did speak with Mark in the hallway that day, but I did not make the comment he said I made."
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Gather evidence and witnesses. You may need to back up your story, especially if there is going to be some legal action or other formal inquiry. Look for documents that show that you were not involved in the incident, such as receipts or photographs showing that you were somewhere else. Find witnesses who observed the incident or who were with you when the incident occurred.- You can also use character witnesses who are willing to say that they know you well and know that you would not have done what you have been accused of doing.
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Defend yourself. The process of defending yourself against a false accusation may be brief, or it may drag on while the someone conducts an investigation. Stick to your story and rely on your evidence and witnesses to corroborate your account of the events. Most importantly, remember to reflect on your mental health. If the controversy is dragging you down, talk to someone about it and make time for the other important things and people in your life.
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Exercise your right to remain silent. Getting charged with a crime is extremely stressful, and even innocent people say regrettable things under stress. If you are arrested, you have the right to remain silent. You also don't have to answer any questions before you are arrested, either. Refrain from commenting on the allegations until you have an attorney present. An attorney can help you respond and object to any improper questioning. -
Get an attorney. If you have been accused of a crime and the prosecutor decides to charge you, you will need to defend yourself in court. If you cannot afford a criminal defense attorney, a public defender will be provided for you. [3] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Some people believe that innocent people don't need lawyers, or that hiring a lawyer is an admission of guilt. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. There is too much at stake to try to represent yourself. -
Decline plea bargains. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. Courts and prosecutors are overloaded with work, so prosecutors customarily offer plea bargains to lessen the caseload. Plea bargains can be enticing, even to innocent defendants, because the accused has option to end the whole process by pleading guilty and accepting a lesser punishment than he or she might face at trial. Remember though that a criminal conviction will affect your future. Don't be bullied into accepting blame for something you did not do. -
Gather evidence and witnesses. At the trial, the prosecution will argue and present evidence to try to corroborate the accuser's story. As the defendant, you will present evidence to refute the accuser's narrative and to support your own version of the events. Look for evidence and witnesses that can prove that you were not involved or present when the events took place. Your attorney will conduct discovery, which is the formal process by which attorneys collect and exchange information about the case.- For example, you can use a receipt from a gas station showing the date and time to show that you were not at the location of the incident at that time.
- You can also use character witnesses, which are people who are willing to testify that based on how well they know you, they do not believe that you were involved in the incident.
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Present your case at trial. During the trial, the prosecution and defense will each present evidence and witnesses to support their versions of the story. After each witnesses testifies, the other side will have the opportunity to cross-examine the witness about the subject matter of his or her testimony. Let your attorney handle the details of your defense.- You can testify on your own behalf if you choose to. However, if you choose not to testify, the judge will instruct the jury not to infer guilt from your decision to remain silent. There are many good reasons not to testify, even if you are innocent. The prosecutor will get to ask you questions and try to trip you up, you may have difficulty speaking in public that makes a bad impression, or you may misspeak or misstate the facts. [4] X Research source Talk to your attorney about whether you should testify.
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Consider hiring an attorney. Civil court is where plaintiffs can sue defendants for money damages. Someone might falsely accuse you of, for example, assault and sue you for the injury they claim you caused. If the claimed damages are significant, you should consider hiring an attorney. The court may even award you attorneys fees for the costs of defending against the lawsuit.- If you are sued in small claims court, you may not need (and may not be allowed) to have an attorney represent you.
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File an answer. When you are served with a lawsuit, you should also receive instructions on how to respond. There will be a deadline (usually about a month) for you to file an answer with the court. You can usually find pre-printed answer forms on the court's website or at the court clerk's office. Complete the paperwork, make several copies, and take them to the court clerk for filing.- The clerk will charge you a filing fee. If you cannot afford to pay the fee, ask the clerk how to apply for a fee waiver.
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Serve your answer. The clerk will stamp your documents as "filed," file the originals, and return the copies to you. You must then serve your answer to the plaintiff. Do this, arrange for someone over 18 and not involved in the case to mail the documents to the plaintiff or the plaintiff's attorney.- Have the server fill out a "Proof of Service" or "Affidavit of Service" verifying that he or she served the Plaintiff. The form is available at the clerk's office. Then file the completed form with the clerk.
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Contemplate settlement. Even if the accusations against you are false, you may want to consider settling out of court. You may be able to resolve the case for less than you would have spent defending the case in court. If you decide to settle, make sure that you get the terms of the settlement in writing and signed by the Plaintiff before you make any kind of settlement payment. -
Gather evidence and witnesses. Look for evidence and witnesses that can prove that you were not involved or present when the events took place. You can also conduct discovery, which is the formal process by which parties collect and exchange information about the case. While doing discovery or conducting your own independent investigation, try to locate witnesses who can testify that you were not involved in or responsible for the incident.- You will need to arrange to have your witnesses accompany you on the date of the trial.
- When assembling photographs and other documentary evidence, put it in binders for easy reference during the proceedings.
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Present your case at trial. During the trial, the plaintiff and defendant will each present evidence and witnesses to support their versions of the story. After each witnesses testifies, the other side will have the opportunity to cross-examine the witness about the subject matter of his or her testimony. If you have an attorney, let him or her handle the details of your defense.- During cross-examination, keep your answers short and truthful. Do not be afraid to admit that you do not know an answer. [5] X Research source
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Consult with an attorney. If someone wrongfully sued you, accused you of a crime, or said or published something false that harmed your reputation, you may have strong grounds to file a lawsuit of your own. An attorney can help you assess which cause of action is appropriate for your situation, as well as your likelihood of success and the amount of damages you can expect to recover. -
Consider libel and slander. Libel and slander are two forms of defamation. If someone makes a statement about you, like an accusation, that was false, you can sue for defamation. You will also be required to prove that a third party heard or read the statement, and that your reputation was harmed by the statement.- Slander refers to defamatory statements that are spoken, while libel includes defamatory statements that are written or published. [6] X Research source
- Some defamatory statements are privileged. For example, you cannot sue someone for libel if they only printed the false accusation in a court document. [7] X Research source
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Consider malicious prosecution and abuse of process. These two causes of action may be brought when someone makes a criminal complaint or files a civil action against you for some improper purpose. For example, assume that Person A owes money to Person B but cannot pay. Person B files a false criminal complaint against Person A in order to intimidate Person A into paying. [8] X Research source- Abuse of process requires you to prove that the defendant used intentionally used a legal procedure for an improper purpose. [9] X Research source
- Malicious prosecution requires you to prove that the defendant started a criminal or civil proceeding without reason to believe the allegations he or she made, for some improper purpose. You must also be able to show that the criminal or civil proceeding ended in your favor, whether you won or got the case dismissed. [10] X Research source
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References
- ↑ https://kidshealth.org/en/teens/emotional-reactions.html
- ↑ https://psychcentral.com/blog/the-quandary-of-being-falsely-accused-and-how-to-deal-with-it#1
- ↑ https://www.americanbar.org/groups/public_education/resources/public-information/how-do-i-find-a-lawyer-/
- ↑ https://www.acludc.org/en/tips-and-template-written-and-oralrecorded-testimony
- ↑ https://www.fletc.gov/sites/default/files/the_art_of_testimony_4.20.18.pdf
- ↑ https://www.boscolegal.org/blog/cyber-libel-defamation-slander/
- ↑ https://www.boscolegal.org/blog/cyber-libel-defamation-slander/
- ↑ https://lawright.org.au/legal-information/going-to-court/malicious-prosecution-factsheet/
- ↑ https://lawright.org.au/legal-information/going-to-court/malicious-prosecution-factsheet/
About This Article
Article Summary
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If you have to handle a false accusation, stay calm and try to plan how you can respond to disprove it. Then, back up your explanation with evidence to show you've been wrongly accused. For example, ask a witness to confirm you weren't there when the incident happened. If the accusation doesn't make sense, explain how the alleged incident couldn't have happened in the way the accuser claims. Remember to stick to your story throughout, since it will look suspicious if you try to change it. If the accusation gets serious, hire an attorney to defend you in court. For tips from our Legal co-author on how to defend yourself in court against false accusations, keep reading!
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