Responding to a False Criminal Charge - Part 2

 Posted on September 30, 2022 in Criminal Law

In a blog we posted earlier this month, we began to discuss what happens when a person is arrested for a felony or misdemeanor crime they did not commit. This unenviable situation can cause extreme hardship. You may be filled with anxiety about how your case will end. Sadly, there is always some risk of conviction, even if you are entirely innocent. This is why you need a highly skilled and experienced criminal defense attorney to fight back against the false charges. Outcomes like dismissal or acquittal at trial are possible when the case is well-handled. Remember that it is not your burden to prove your innocence, but the state’s burden to prove your guilt. Proving guilt can prove difficult when the wrong person has been arrested, or no crime was committed at all. However, they may try, and their efforts may be convincing. It is important to follow the advice of your attorney closely. 

What to do While Your Case is Pending

Although every defendant is presumed innocent until their guilt has been proven beyond a reasonable doubt, you may feel as if you have already been found guilty. If you were placed under pretrial supervision, you will very much be treated like a criminal. You do not deserve any of this, but it is the reality of the criminal justice system. 

If your bail is impossibly high, your attorney may be able to file a motion and have it lowered. When you make bail, it is critical that you comply with all conditions of your bail, which may include things like not leaving the state and staying clean and sober. Violating a condition of bail or pretrial supervision could lead to additional criminal charges. 

Gathering Evidence to Show Your Innocence

One of the most critical objectives you and your attorney will be tasked with is gathering evidence that tends to show that it is less likely that you committed the crime you are charged with. What types of evidence will be needed is highly dependent on the specific facts related to your arrest and the alleged crime. Gathering evidence suggesting your innocence will likely be very much a team effort between you and your lawyer. 

You may need to collect evidence like: 

• Alibi - You will need to be very specific about where you were and who you were with when the alleged offense occurred. 

• Personal data - Your attorney may need to know your height, weight, and other measurements if the offender is captured on camera in order to show that it was not you. 

• Cell phone data - If you phone was not near the scene of the crime, it is unlikely that you were. It may also help if you were texting or on the phone during the commission of the alleged offense. 

The situation you are in is risky. Beating a false charge may not be a pleasant process, but it is very possible.

Contact an Illinois Criminal Defense Lawyer

Scott F. Anderson, Attorney at Law is skilled in fighting back against false charges. Our experienced Arlington Heights criminal defense attorney will present a strong defense on your behalf. Call 847-253-3400 for a free consultation. 

Source:

 https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1985&ChapterID=54