False Accusation Defense Attorney
Providing Aggressive Legal Representation for Clients Facing False Allegations
No one likes the idea of having to deal with criminal charges. A criminal conviction can have a devastating impact on your life and ability to achieve your goals. However, if you have been falsely accused of a crime you did not commit; you may be frightened and unsure of who you can turn to for help.
Most individuals believe that the legal system and law enforcement officers will use sound judgment and only make arrests based on concise evidence. Unfortunately, prosecutors and police officers do not always get it right, and innocent people end up in the criminal justice system. In other cases, defendants are falsely accused of crimes that can be traced back to someone trying to exploit a situation for their own gain in a family law case or other personal motives.
Casper Mehlos Law Group, LLC is a law firm dedicated to defending clients wrongly accused of a crime. If you or a loved one are facing false accusations, contact our law firm today to schedule a free consultation so we may determine your legal options.
How Does a False Accusation Defense Attorney Help Clients?
You must seek legal representation immediately if you have been falsely accused of a crime. Only an experienced criminal defense attorney can protect your legal rights and help you fight the false allegations.
If you are arrested on false allegations, a defense attorney can advise you of your legal rights and protect you from making statements that could be used against you. You should never agree to speak with police officers with an attorney present.
Other legal services that false accusations defense attorneys provide include:
- Challenging the accuser’s credibility: Often, individuals who falsely accuse others of crimes have ulterior motives, such as trying to gain leverage in divorce or child custody cases
- Gathering evidence: A criminal defense lawyer can gather evidence that pokes holes in the false accuser’s story, including interviewing witnesses and reviewing statements or video footage that provides you with an alibi
- Establish reasonable doubt: A criminal defense lawyer may present evidence or argue that the prosecution has not met its burden of proof
A skilled attorney can also implement innovative defense strategies that identify inconsistencies in the accuser’s statement or pose a theory as to why they made the false allegations.
What are Some Examples of False Accusations?
False accusations can occur for various reasons, including malicious intent, where one party is trying to exact revenge on another, or a mistaken identity, or a misunderstanding. Regardless of why an individual makes false allegations, they can have devastating effects, including a criminal record or damage your professional reputation.
- Sexual assault: False allegations of sexual assault are often brought out of revenge, to seek attention, or to gain leverage in a court case
- Child abuse: Similar to sexual assault allegations, many false accusers make child abuse claims to gain an advantage in a divorce or child custody case or as an act of revenge
- Domestic violence: Wisconsin takes a dim view of domestic violence cases and will often arrest individuals without getting all the facts in the interest of public safety
- Theft: Individuals are often falsely accused of theft due to misunderstanding or mistaken identity
- Workplace allegations: False reporting can be a serious issue in the workplace, where individuals are wrongly accused of harassment, bullying, discrimination, or theft
Additionally, you may be the victim of false imprisonment if you are jailed without legal justification. Other examples include malicious prosecution, where you are subjected to legal action brought without cause.
You cannot wait to take action if you have been falsely accused of a crime. Time is of the essence in false allegation cases, as physical evidence can quickly disappear, and potential witnesses may be challenging to locate.
Our law firm has significant experience handling criminal defense cases and the legal complexities when false allegations factor into the situation. Allow our highly-trained attorneys to help you when you need it most.
What Should I Do if I Have Been Falsely Accused of a Crime?
If you have been falsely accused of a crime, it can be one of the most frightening situations you ever experience. You should never agree to plead guilty, as doing so can often strip you of your rights and potentially lead to a prison sentence.
Instead, the first step is to consult a criminal defense attorney who will thoroughly assess your case. A knowledgeable criminal lawyer will advise you on dealing with the police and investigators so you do not make statements that can cause further legal issues. It is also crucial that you do not speak with anyone other than your defense attorney as the case works its way through the legal system.
If you have been accused of a crime such as domestic violence or assault, do not try to contact the alleged victim. Any contact could aggravate the situation, and you could incur more charges. Your defense lawyer will interview witnesses to uncover the truth. Your legal representative will also work to gather evidence, including text messages, emails, or video surveillance footage.
Depending on the facts, we may be able to file motions to have the case dismissed due to lack of evidence or arguing that the alleged victim filed a false police report. In many instances, the prosecution may try to offer you a plea deal if they know they lack the evidence for a conviction.
Our law firm is passionate about offering clients a strong defense strategy and will always fight to help them obtain the best possible outcome for their cases.
What are Some Potential Defenses Against False Accusations?
All too often, the court of public opinion quickly believes that a person is guilty simply because they have been charged with a crime. Even if a defendant is not proven guilty, the damage to their personal and professional reputation makes it challenging for them to move on with their life. It is important to remember that everyone is entitled to a fair trial in the Wisconsin court system.
A knowledgeable criminal attorney will professionally evaluate the case to create an effective defense strategy based on the circumstances involved. Although defense strategies vary significantly from case to case, some of the most commonly used to defend clients against false accusations include:
- Establishing an alibi: One of the most successful defense strategies is to provide proof that the accused was not present when the criminal offense occurred. Establishing an alibi may include providing video evidence, witness statements, or supporting documentation
- Self-defense or defense of others: A criminal defense lawyer can present evidence that the accused reasonably believed they or others were in imminent danger and take appropriate action to stop the threat
- Insufficient evidence: A defense attorney can assess the state’s evidence to determine the strengths and weaknesses of the case. For example, forensic evidence may prove that a defendant could not have been the person who committed a sexual assault, which would lead to the case being dismissed
- Entrapment: Police entrapment is one of the most common issues related to false allegations. Entrapment occurs when law enforcement authorities illegally pressure individuals to commit criminal offenses that they would not have done otherwise
Criminal defense attorneys also have the skills and experience to identify weaknesses in an accuser’s story. A viable defense strategy often involves challenging the accuser’s credibility or proving their history of making false accusations. Other common legal defenses include arguing that a defendant’s constitutional rights were violated or that there was a lack of intent.
Can I File a Civil Lawsuit Against Someone Who Has Made False Statements About Me?
Wisconsin law allows individuals falsely accused of crimes to file civil lawsuits against their accusers. Several legal elements can serve as grounds for a defamation lawsuit, including:
- Defamation: Wisconsin defamation stipulates that if a written or spoken public statement damages your reputation, you may be able to file a civil lawsuit to recover damages. A false accusation through a written statement is libel and one that is spoken in slander
- Malicious prosecution: You may be able to file a lawsuit if false accusations lead to you being prosecuted without probable cause and the case is concluded in your favor, such as a not guilty verdict. You must also be able to demonstrate that the accuser acted with malice
- False imprisonment: You were unlawfully detained or arrested
Although the scenarios mentioned above are grounds for filing a defamation lawsuit, Wisconsin defamation laws stipulate that a plaintiff must prove the statement or act was false, harmed their reputation, and resulted in damages. For example, the plaintiff must demonstrate that the false accusations resulted in lost income, emotional distress, or damage to their reputation.
Depending on the nature of the accusations, false claims can damage your professional and personal life, resulting in financial losses and emotional trauma. If you have been falsely accused of wrongdoing, seeking legal guidance as soon as possible is always best.
Can Someone Be Arrested for Making False Accusations?
Wisconsin has strict laws that dictate that individuals can face jail time for making false accusations. Depending on the case context and whether the statements were made under oath or in an official setting, an individual could be charged with a misdemeanor or a felony.
For example, if it is determined an individual has filed a false police report, they can be charged with a Class A misdemeanor. If the individual filed a false report to mislead a police officer, they could be charged with a Class H felony. A Class A misdemeanor conviction can result in a potential $10,000 fine and up to nine months in jail. A Class H felony conviction can also result in $10,000 and up to six years in prison. Individuals may also be charged with a Class H felony if they make a false statement under oath to a magistrate or about a matter before the court.
If you are facing false accusations and believe your accuser has done so due to personal motives such as revenge or to gain an advantage in a family law case, you must hire an experienced attorney immediately. Criminal offenses can leave you with a criminal record, making it challenging to accomplish your goals or damaging your family relationships.
An experienced criminal defense attorney can review the state’s evidence to identify inconsistencies in the accuser’s statements or prove the prosecution lacks sufficient evidence to proceed with the case.
Contact Casper Mehlos Law Group, LLC today so we can begin to gather evidence that will build a strong defense on your behalf.
Why Should I Hire Your Criminal Defense Attorney to Protect My Against Allegations?
At Casper Mehlos Law Group, LLC, our criminal defense attorneys realize that it can be challenging to remain calm and allow us to deal with false accusations. Our attorneys know the damage that false claims can have on your freedom and reputation and will fight to disprove the allegations so you can resume your life. Our dedicated team has a proven record of success in handling false accusation cases and will fight to ensure you are vindicated.
We know that one of the most frightening situations you may ever encounter is to have to deal with criminal charges when you know you have done nothing wrong. Our dedicated team of legal professionals has extensive experience helping clients who have been falsely accused of crimes and knows what it takes to get results. We will gather evidence supporting your case when you come to us for help. Our criminal defense attorneys are skilled negotiators and are unafraid to challenge prosecutors to safeguard our client’s rights.
Contact our St. Madison law office today at (608) 820-8926 to schedule an appointment with an experienced criminal defense attorney. Our attorney will gladly review your case and determine what legal strategies best suit your needs.