Being falsely accused of a crime is many people’s worst nightmare. The bad news is that police and witnesses falsely accuse people of crimes on a daily basis. Sometimes people even get convicted and serve prison sentences for crimes they did not commit. If this were not the case, organizations like the Innocence Project would have no reason to exist. In some instances, DNA evidence discovered decades after the crime has shown that some people who died in prison, and even some who suffered the death penalty, were innocent all along. The good news is that the process of convicting someone of a crime affords defendants the right to assert their innocence, even after a jury returns a guilty verdict, in cases where this happens. If you are wrongfully accused of a crime, do not make any statements to anyone. Reach out to a Denver criminal defense lawyer right away for help.
Why Do People Get Arrested for Crimes They Did Not Commit?
The number of defendants who plead guilty is always higher than the number of criminal cases that go to trial, but those figures only include the cases that get far enough where the defendant must enter a plea. Not all arrests lead to criminal convictions. In other words, there are many cases where police and prosecutors soon figure out that the defendant did not commit a crime, and any suspicions about the defendant were incorrect.
Sometimes police question suspects or even place them under arrest because a tip that law enforcement received seems to point to the suspect. In other words, maybe an eyewitness to a hit-and-run accident noticed the color, make, and model of the car that caused the accident and then left the scene. The witness did not notice the license plate, so the police are questioning the drivers of every black Chevrolet Silverado they can find. Witnesses’ descriptions of people’s physical appearance are equally inaccurate. How many White or Latino men, approximately six feet tall, with short, black hair are there in Denver, and how many of them were wearing a gray hoodie and jeans yesterday?
Arrests for non-existent crimes can also arise from traffic stops. Police need a warrant to arrest you or search your residence, but at traffic stops, they can declare probable cause to search your vehicle based on vague and subjective criteria, such as a weed smell or the driver appearing nervous.
The Rights of Defendants in Criminal Cases
The United States Constitution, its amendments, and case law based on these grant rights to people accused of crimes, and even some rights to people who have been convicted. These are some of the rights of defendants in criminal cases; remember these if you are falsely accused of a crime:
You are presumed innocent unless and until you plead guilty or a jury convicts you at trial.
You have the right to a public trial with an unbiased jury. The state cannot coerce you into pleading guilty.
In most cases, a person charged with a crime has the right to bail, and such bail amount shall be reasonable and at least in part based on that person's financial situation.
You have the right to refuse to answer questions from the police.
You have the right to prevent prosecutors from showing illegally obtained evidence to jurors.
If a jury convicts you, you have the right to appeal the verdict and request a new trial.
You have the right to have a lawyer represent you in a criminal case. If you cannot afford to hire a lawyer, the court will assign a lawyer from the Public Defender’s office to your case.
If You are Falsely Accused, Do You Have to Go to Trial?
A person getting accused of a crime, only to have their criminal defense lawyer reveal the truth at trial, would make an exciting plot for a movie, but it is not what usually happens in real life. Starting from your first meeting with a criminal defense lawyer, your lawyer will look for flaws in the prosecution’s allegations against you. Remember that, in a criminal trial, the defendant’s lawyer does not have to prove the defendant’s innocence with absolute certainty; they must only prove that there is reasonable doubt about the defendant’s guilt.
When there is not enough evidence to convict the defendant beyond a reasonable doubt, this usually becomes obvious early on, and the prosecutors drop the charges before the defendant enters a plea or shortly after; this is the most likely outcome if you are falsely accused of a crime, so long as you hire a good criminal defense lawyer who can show the prosecution what they got wrong. Likewise, if the evidence does point to the defendant’s guilt clearly enough to convince a jury of it, this usually also becomes obvious quickly, which is one of the reasons that guilty pleas are more common than guilty verdicts at trial.
Contact Petrash Law About Criminal Defense Cases
A criminal defense lawyer can help you if you are falsely accused of a crime. Contact Petrash Law in Denver, Colorado, to discuss your case.