QUESTION
What can I do if I was accused of a crime that was found to be false?
Asked on Dec 08th, 2011 on Criminal Law - Colorado
More details to this question:
I was accused of crime that was found to be untrue and there was no evidence.
16 ANSWERS
Jacob P. Sartz
Hopefully, the underlying case was dismissed. If the criminal case was dismissed, in certain, rare situations, there may have been misconduct on the part of the police or prosecutor's office or others involved. It may be worth a phone call to discuss the matter with a civil rights attorney who specializes in wrongful imprisonment/false arrest cases. Those cases, due to sovereign immunity and other legal obstacles, can be challenging to pursue. However, it is certainly worth a few phone calls to see if that may be a potential option.
Answered on Jan 04th, 2012 at 5:12 PM
Michael J. Breczinski
Why were you accused? Was it an honest mistake or was someone trying to get you in trouble? If it was the first, an honset mistake, then there is nothing you can do. If someone was trying to get you in trouble then you may be able to sue that person; but you would have to talk to an attorney and tell the lawyer all the details to see if there was a case.
Answered on Dec 19th, 2011 at 12:47 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The charge against you should be dismissed.
Answered on Dec 19th, 2011 at 10:36 AM
Accident Attorney serving Pacific, MO
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Harvath Law Offices
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If you have sufficient evidence to establish that you did not commit the crime being charged, or you know that the prosecutor does not have any evidence to convict you, and the charge has not already been dismissed, it would be highly advisable to discuss the matter with an attorney. An attorney may be able to negotiate with the prosecuting attorney to obtain a dismissal, so that you will not have to go to trial, or face a conviction that could result in fines, probation, imprisonment, or other penalties. Generally speaking, a defendantthat is represented presents a challenge to the prosecuting attorney, and a stronger incentive for them to offer a favorableplea agreement or a dismissal of the charge. A prosecutor who faces a defendant with an attorney is aware that it willpotentially cost the state a fair amount of money and time to take the case to trial and work to obtain a conviction against you. Attorneysfrequently can negotiateacceptable plea agreementswithout the necessity of trial, and, if there is no evidence, can work to achieve an outrightdismissal of the charge being brought against you. I hope this helps, to some extent.
Answered on Dec 19th, 2011 at 10:35 AM
4 Awards
If the person intentionally made a false report you should look into a suit for malicious prosecution.
Answered on Dec 19th, 2011 at 10:22 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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What do you mean by "what can I do?" If it was truly found to be untrue as you say with no evidence, then you shouldn't be charged with anything or if you were then they should be dropped. If that's the case, then nothing should come of it and you just walk away happy. If you are being charged then that is a different matter entirely. Seek out the advice of an attorney if charges are forthcoming.
Answered on Dec 19th, 2011 at 10:16 AM
If you have been charged with a crime that you did not commit you need to retain a lawyer and fight the case. A prosecutor charged you with a crime the are convinced you committed. They will not just dismiss it. Fighting is your only choice.
Answered on Dec 16th, 2011 at 6:03 PM
File a petition with the court to have your records expunged.
Answered on Dec 16th, 2011 at 4:56 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If you were absolutely falsely accused, you always have a civil case against your accuser for any damages you suffered (cost of bail, lost time, attorneys fees, etc.). As far as your criminal record - if you were arrested, you can file a petition for factual innocence. If granted, that will seal, then eventually destroy the record of your arrest and wipe it from your background. These are tricky, so if you're going to try and pursue this, seek a consultation with a local criminal defense attorney who has actually filed these.
Answered on Dec 16th, 2011 at 3:58 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You could ask for an apology, sue for defamation, request reimbursement of your legal fees, take out an ad of your innocence, hire a lawyer to pursue a Malicious Abuse of Process case, etc.
Answered on Dec 16th, 2011 at 3:56 PM
Daniel Kieth Martin
If it was found to be false then I am not sure what problem your trying to address. A person who is convicted of a crime then new evidence proves them to be innocent, a motion can be filed for a finding of factual innocence. It is difficult to obtain such relief, you should contact a lawyer.
Answered on Dec 16th, 2011 at 3:52 PM
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And what happened? Were the barges dropped? If so, you can expunge the arrest from your record. If not, you need a lawyer to assert your defense.
Answered on Dec 16th, 2011 at 3:24 PM
Commercial Attorney serving New York, NY
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Aaron M. Goldsmith
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In most cases, someone wrongly accused has no legal recourse. However, if the case was dismissed/dropped by the prosecutor and the individual suffered an economic harm (lost a job or lost business) because of the arrest, then they can sue the person who accused them.
Answered on Dec 16th, 2011 at 3:05 PM
Criminal Defense Attorney serving Lincolnwood, IL
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Fagan, Fagan & Davis
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If new evidence has come to light which was unavailable previously, a post-conviction petition may be an appropriate remedy.
Answered on Dec 16th, 2011 at 3:04 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You could have a claim for false arrest and malicious prosecution. However, the police need only probable cause to arrest you and if an identified citizen says you committed a crime that would suffice. There are Notice of Claim requirements and statutes of limitation that are of short duration so do not delay in speaking with an attorney. Feel free to contact me if you wish to discuss the case.
Answered on Dec 16th, 2011 at 3:04 PM
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Seal the record from public view. Forms at Colorado Supreme Court website request the accuser be charged with false reporting . Contact the DA sue the accuser, the police and the DA - but this gets more difficult unless the police and DA had good reason not to believe the accuser.
Answered on Dec 16th, 2011 at 3:03 PM