When a person is falsely accused of a crime, they may feel very frustrated. However, when a false allegation happens, the accused does have some legal options available to them. An important first step is to get a criminal defense lawyer to help fight against the criminal charges.
Even if the falsely accused person has not yet been exonerated, there are some options they can pursue. The following list contains some possible defenses for false allegations.
Defamation is when a person has made false statements about another person. A civil lawsuit of defamation should show that the person who has false comments made about them has suffered damages and that their reputation was harmed. A person who files a defamation claim may also seek punitive damages in some circumstances.
False imprisonment is when a person is being held against their will. Being charged with a crime is similar to being imprisoned, especially if someone’s reputation is tarnished and they can no longer act as they normally would. This may be a more difficult legal claim to make. The person making the claim of false imprisonment must show that the person imprisoning them acted intentionally, did not have permission to imprison them, and did not have a legal justification for imprisoning them.
Malicious prosecution is when one intentionally and maliciously brings legal proceedings against someone without reasonable cause in order to intimidate or harass the other party. If someone brings a claim of malicious prosecution, they must show the following:
- The other person filed a criminal or civil lawsuit.
- There was no reasonable cause for the lawsuit.
- That person had a malicious intent.
- The prior case conclude in favor of the plaintiff.
If the accused wins their case, they could be entitled to monetary restitution paid by the other party.
How can I Construct a Defense?
Before a person can bring any of the above claims, they may first want to prioritize their defense. Contacting a lawyer to assist in the defense against the false claims is the best course of action. The lawyer will likely do the following:
- Protect the falsely accused from incriminating themselves.
- Determine if legal charges have actually been filed.
- Negotiate with legal prosecutors.
If a person is facing false accusations of a crime, they should not speak to the police without legal representation. Even though a person’s first instinct would be to proclaim their innocence, the best course of action is to first reach out to a lawyer who extensively understands criminal law.
South Jersey Criminal Defense Lawyers at Agre & St. John Help the Falsely Accused Find Justice
False allegations can lead to false imprisonment and other damages. If you have been falsely accused of a crime, the South Jersey criminal defense lawyers at Agre & St. John can help. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Camden County, Burlington County, Gloucester County, and Salem County. For an initial consultation, complete our online form or call us at 856-428-7797.