What If I Am Falsely Accused of a Crime?

If someone has accused you of a crime, or a detective has left you a card, call Blass Law at (713) 664-4000 before you respond to anyone. A false accusation turns into a charge when the accused person tries to clear it up alone, and the first week is when we can do the most. Until we talk:

• Don’t talk about it with the accuser, the police or anyone on social media. Let us do the talking for you
• Save every text, email and voicemail, and write down who has contacted you and what they said

Stay calm. Cool heads win here. If you’ve been accused of a crime, or already charged with one, a lawyer can get you in front of the situation before it turns into something much bigger and harder to fix.

Take Immediate Steps to Protect Yourself if You are Falsely Accused of a Crime

You should always realize the gravity of the situation and the potential penalties you could face, no matter how ridiculous you think the allegation is.  

Don’t assume that explaining your innocence will be enough to make them see it your way. Interviews are often recorded, and anything you say could be used against you, so you need the right advice on how to handle it.

How We Will Help

Having our team in your corner early on can save you time and money in the long run. The goal of your lawyer is to intervene while you are still a suspect and take proactive measures to prevent you from being arrested or charged with a crime in the first place. This varies greatly from situation to situation, sometimes the police have already made up their minds.

If you are charged with a crime, it means police or prosecutors believe there’s probable cause that you committed an offense. That’s a much lower bar than proof beyond a reasonable doubt. Your lawyer will be able to get the appropriate level of information at this early stage and quickly identify any weaknesses or inconsistencies with the evidence against you. 

Your attorney will investigate your case and the prosecutor’s evidence to evaluate strengths and weaknesses. From the investigation, your lawyer will prepare your defense and advise you about protecting your best interests moving forward.

Remain Silent

If you are under investigation or called in for police questioning, it is better to remain silent and request a lawyer from our firm. You may feel that communicating your side of the story openly (as you have nothing to hide) is the simplest way to resolve things. Unfortunately, this is rarely the case, as anything you do or say can be used against you.

• Investigators may attempt to intimidate or convince you of your guilt 
• Your words may be taken out of context

You should also avoid contacting the accuser in any form and discussing the situation on social media. Your attempt to smooth things over will likely backfire and could lead to additional charges being brought against you. 

Gather Witnesses and Evidence

To fight back against the false accusations, you and your lawyer should begin collecting evidence to support your defense as soon as possible. Gathering the following can help your case:

• Witness interviews
• Physical evidence
• Background records of your accuser
• Checking information about the credibility of your accuser and the integrity of their allegations
• Keep detailed notes about who is contacting you and what they say
• Keep records of the negative impacts on your life, work, personal, and professional relationships

If a detective calls

Be polite, take the name and number, and say your lawyer will call back. Don’t agree to “come in and clear this up.” And if the person accusing you suddenly calls or texts wanting to talk about what happened, don’t engage. Texas lets one person on a call record it without telling the other (Penal Code § 16.02), and police sometimes set those calls up and listen in. Send it to us instead.

What NOT to Do If Someone Accuses You of a Crime

Once you’ve taken steps to protect yourself, don’t undo that work by taking matters into your own hands, hoping to make the whole thing go away fast. Doing any of the following can hurt your case:

• Confronting your accuser. If you can’t avoid them (you work with them, for example), make sure you always have a witness with you during any interactions
• Destroying any evidence that you think could hurt you or raise suspicion
• Talking to the police, prosecutor, or criminal investigator without your attorney
• Consenting to any DNA tests or other tests without your lawyer present

Can I Sue for False Accusations?

Possibly. Knowingly lying to a police officer during a criminal investigation is a Class B misdemeanor under Penal Code § 37.08. Suppose you find yourself on the wrong side of a false accusation that caused damage to your reputation. 

Slander (spoken defamation) and libel (written defamation) are two legal bases you can sue for. The deadline is short: one year under Civil Practice and Remedies Code § 16.002. And the criminal case comes first, because what you say in a lawsuit can be used against you.

Compensatory Damages Available in a Defamation Lawsuit

To pursue a civil lawsuit, you will need to prove the other party made a false statement of fact about you to a third party, that they were at least negligent about whether it was true, and that it damaged you. If successful, you can receive compensation for:

• Lost income and damage to your business or career 
• Pain and suffering experienced such as mental anguish
• Damage to reputation 

Leading Reasons for Being Wrongfully Accused of a Crime

• Mistaken identity
• Malicious false accusations
• Misrecollection
• Incorrect forensics
• Official misconduct

Blass Law Is the Shield Between You and Your Accuser

We’ve defended people in Harris County since 2009, and we’ve seen how often an accusation falls apart once someone lines up the messages and the timeline. The team at Blass Law understands the stress and emotional turmoil you are going through because we help other clients in your situation. 

By recognizing what you face, how your life is affected, and what it means for your future, we will quickly intervene to take steps towards clearing your name and protecting your best interests. The sooner we see the messages and the timeline, the more we can do with them.

Charged with this in Houston, or worried you’re about to be? Call (713) 664-4000 or fill out the form on this page for a free, confidential consultation. We’ll tell you where your case stands and what we’d do first.