Criminal Law
Falsely Accused of a Crime in New York? How to Defend Yourself 2024

Falsely Accused of a Crime in New York? How to Defend Yourself 2024

On Behalf of vitalianolaw | Jul 07, 2023 |

It’s a nightmare we all hope never happens. Police officers or detectives show up at our door and accuse us of a crime we did not commit. You feel claustrophobic, confused, and panicked by the sudden realization that your life may change forever. If you don’t know what to do in this situation, we’re here to help.

Don’t wait to contact a New York City criminal defense attorney the second you find yourself dealing with false accusations. The right attorney can be the difference between proving your innocence and spending years in jail for a crime you did not commit.

First Steps After a False Accusation

We have a handy guide on some of the first things you should do when dealing with false accusations. Follow these steps to make things easier on yourself.

Remain Calm

While the second the news drops about a false accusation may seem like the perfect time to panic, you need to keep a level head at all times. Panicking may make things worse for you, and you might end up giving the police or your accuser something to levy a case against you with.

Speak with the police to understand your situation. Figure out if you are under arrest, and don’t divulge anything.

Ask to Speak With an Attorney

If you are under arrest, you need to invoke your Miranda Rights to an attorney. Having a seasoned defense attorney, like those working for The Vitaliano Law Firm, can help you preserve your rights and make sure the process is proper. If you cannot afford an attorney, the state must provide a public defender for you.

Remain Silent Until You Can Speak With Your Attorney

After you’ve invoked your right to have an attorney present, you should not say anything more to the police. It’s tempting to try and explain the situation and clear up any misunderstandings, but you’ll gain little from speaking with police without an attorney present. You may be hurting your case by anything you divulge to officers.

When police officers say, “Anything you say can and will be used against you in a court of law,” they mean it. Don’t speak without an attorney present.

Assist With Gathering Evidence and Documents

Once the initial flurry of an arrest or charges is over, you’ll want to be open with your defense team about any documents or evidence you have. If you are innocent, the evidence will reflect that fact. Go through the situation with the defense team and provide any information or evidence they ask for. Even the most minor detail may increase your chances in court exponentially.

Cooperate With the Court

While you may feel the system is discriminating against you or the court is unfairly treating you, you still need to cooperate with the court. Do not miss any court dates and provide anything the court asks you to give them. You can end up with legitimate charges against you if you miss court dates or do not work with the court.

Work With Your Legal Counsel

You may not always agree with your defense team, but you need to work with them if you want any hope of avoiding a guilty verdict. Your legal team will know the law better than you do and can give you an unbiased appraisal of your situation. You are too connected to the case to have a clear opinion of the situation.

Your attorney has experience dealing with all kinds of cases, and you can trust they will do everything in their power to help you out of this stressful situation. However, they can only help you if you give them your full cooperation. Don’t withhold any information or documents from the defense team or attempt to undercut their decisions.

Can I File a Claim Against Someone Who Falsely Accuses Me?

You can film a claim against someone for a false accusation, though this is difficult to prove. You have to demonstrate that the other party maliciously made claims against you and defamed your character with the intent to harm you. You should speak with your attorney about the possibility of a counterclaim.

Why You Need a Lawyer When Falsely Accused

If you’re dealing with a false accusation, you are too close to the situation to have an objective view of your chances. A seasoned New York defense attorney can help you sort through the facts of the case and give you unbiased advice.


Q: What if Someone Falsely Accuses You of a Crime?

A: You should ascertain if you are under arrest, and if you are, you should request an attorney. Do not speak with the police until you have an attorney present. You have the legal right to a fair trial and to defend your innocence in court. Remain calm and work with your counsel to formulate a defense strategy and discuss the evidence.

Q: What Is the Law on False Accusations in New York?

A: New York has laws related to falsely reporting an incident in three degrees. These cases are difficult to prove as you have to establish that the accuser did so with full knowledge that the defendant was innocent. Someone who has faced a false accusation may also launch a defamation claim against the accuser.

Q: How Do You Prove You Are Falsely Accused?

A: You will have to work with your attorney to showcase why you didn’t commit the crime. Maybe you weren’t at the scene of the crime when it occurred, or perhaps you were brought in on a bogus identification. Gathering evidence is crucial to proving your innocence in the case. Remember, the burden of proof is on the prosecutors, not you.

Q: What Should You Do if Someone Accuses You of a Crime You Didn’t Commit?

A: You should take on an attorney as quickly as possible and begin formulating a legal strategy. You should avoid speaking with police without a lawyer present and keep working with your defense counsel. Your emotions will be running high during any false accusation, so make sure you remain calm and do not make any rash decisions.

The Vitaliano Law Firm: Defense Attorneys You Can Count On

If someone has accused you of a crime you haven’t committed, contact us at The Vitaliano Law Firm today. We are one of the premier defense attorney firms in New York and can fight for your rights.