If you have been falsely accused of a criminal offence in Queensland, you are not the first person this has happened to. Persons are often charged with criminal offences which are later discontinued by the prosecution, or a Magistrate or jury finds the person not guilty. While this may not comfort you at this stage, there is hope.
Get Legal Representation
The first thing to do when you are falsely accused of a criminal offence is to engage a criminal lawyer to represent you. You need the help of a professional from the start. You may think you can handle things on your own and save money. To be frank, this is the worst thing you could do, and only something a fool would do. A criminal lawyer can give you advice about your situation, guide you, protect your legal rights and interests.
You will likely be angry and frustrated at the person who has made the false allegation against you. The worst thing you can do is to confront the person who has accused you of the crime, or anyone related to them. If you do, you will likely find yourself charged with more criminal offences (e.g. attempting to pervert justice). You remain calm and clear headed with the actions you take. You do not want to make the situation worse.
Try Not To Worry
As easy as it is for us to say, try and not worry about the charge. If you are innocent, you need to believe in the criminal justice system and through it you will be found not guilty.
We tell our clients to take one step at a time and not to think about the worst case scenario. Sometimes clients will focus on the “what ifs” – what if I’m found guilty and I go to jail. While this may be a reality for some, it is not true for everyone. You need to focus on what is in front of you, rather than future possibilities. The what if possibility of going to jail may never arise. Worrying about it does not help you, all it does is mess up the now for you. You need to understand what you can control, and what you cannot. Criminal cases follow a journey, some of which you can control, but at other times it is out of your hands. You need to focus on what you can control and what you can do to help your case, rather than what you cannot.
Be Careful About What You Say and Do
If you have been charged with a criminal offence it is important to keep things to yourself. While you are innocent, it is not you who will determine your fate. You may say or do something you may believe will have no impact on your case, but it could be harmful.
You never know who a witness for the prosecution may be, or who may become a witness for the prosecution. You also do not know when persons may record what you say, or do. Sometimes, clients can be their own worst enemies. The prosecution may interpret a simple comment to the media or a social media post as evidence of guilt. The comment or text message sent to a person may make you appear guilty or help the prosecution.
Make a List of Witnesses and Evidence You Believe Will Help Your Case
If there are persons who you believe will help your case, then make a list of these. Also write how you believe each of these witnesses will help your case and what evidence you expect they could give. Do not contact any of these potential witnesses straightaway. You first want to discuss with your lawyer who these witnesses are, and what evidence you believe they can give. Your lawyer may decide the evidence the potential witness can give may not help you.the lawyer may decide the evidence you say the witness can give may not be admissible. Most people do not want other people to know they have been charged with a criminal offence. If you go about contacting people before speaking to your lawyer, you may disclose your situation to persons unnecessarily.
Like making a list of the potential witnesses for your case, it also helps if there is any evidence in existence which you believe may help your case. For example, there may be photographs, physical items, text messages, emails, tax invoices, which may help your case. Gather this evidence to give to your lawyer.
Do not destroy any evidence before first having spoken to your lawyer. Your lawyer will be in the pest position to advise you if the evidence will help your case. If you destroy something which could have helped your case, then this will have been lost.
Think About Why The Accuser Would Make The Complaint Against You
Think about any motive you can think of for the complainant to make the false complaint against you. There may be some reason you can think of why the complainant has made the allegations against you. This is referred to as a motive to lie. If in a criminal trial there is evidence which could be used by a jury
If you can, try and think of any motive the complainant had to make the false complaint against you. There may be some reason you can think of why the complainant has made the allegations against you. Unfortunately, in this world people do make false complaints to police for various reasons. Examples may be:
- You knew something they didn’t want you to tell someone else.
- You did something to them which they didn’t like.
- To get full custody of your child.
- To avoid their partner thinking they were cheating on them/unfaithful.
The Criminal Lawyers Brisbane Group- We Are Your Best Defence
Being accused of a criminal offence can destroy your life.
We are experts in representing clients who are falsely accused of crimes. We have the experience and skills to smash down the allegations and prove your innocence.
Our criminal lawyers in Brisbane are here to stand by you in these tough times and prove your innocence. They will leave no stone unturned to do their best to ensure you are victorious in defending your name. Do not risk your freedom, call us today on (07) 3153 6215 and start your defence today.