What Are The Consequences for False Accusation? (2024)

What Are The Consequences for False Accusation? (1)

If someone is making false accusations against you for a crime, no matter how ridiculous the claim may be, you need an experienced lawyer to protect you from the potential consequences that are very real. When someone makes false allegations against you, you may be in danger of going to prison.

It is a mistake to assume that courts always arrive at the truth in criminal proceedings. False accusations happen. The Last Resort Exoneration Project at Seton Hall University School of Law says the most conservative estimate of the number of innocent people who have been convicted of serious crimes is 1% — 10 innocent people for every 1,000 persons convicted in court proceedings. A more likely estimate is approximately 2% to 5%, project leaders say.

You should never face charges without having a knowledgeable defense attorney to represent you. If someone has lodged a criminal complaint against you, you should speak to a false accusation lawyer as soon as possible. In New Jersey, a criminal defense attorney with the Law Offices of Jonathan F. Marshall can stand up for you if you are facing false accusations of criminal conduct. We offer free initial consultations. You can call us anytime, day or night, including on weekends.

Legal Dangers of False Accusations

When someone makes false accusations against you that allege you have broken New Jersey law, you could face:

  1. Criminal charges. Being convicted of a crime can lead to jail or prison. New Jersey has a high incarceration rate, with 24,000 N.J. residents behind bars and at least 86,000 different peoplebooked into local jails each year.
  2. Immigration consequences. If you are a non-citizen and are convicted of a crime, you could be subject to deportation. Even being arrested or charged can lead to immigration consequences.
  3. Loss of professional licenses. In New Jersey, certain criminal convictions can disqualify you from holding a professional license and lead to lost earning power and lost business opportunities. A license may be revoked for crimes of moral turpitude, such as fraud, theft, sexual assault, or drug-related offenses.
  4. Difficulty finding housing. New Jersey’s Fair Chance in Housing Act (FCHA) limits a housing provider’s ability to consider a person’s criminal history when deciding whether to rent them a home. Arrests or charges that have not resulted in a criminal conviction cannot be considered, nor can juvenile delinquency adjudications or convictions that have been expunged or sealed. But a prior conviction for a major crime such as murder, aggravated sexual assault, or kidnapping or a recent conviction for another indictable offense can be held against you.
  5. Difficulty finding employment. For most jobs, New Jersey employers may only ask a job applicant or do a background check about a job applicant’s adult criminal history after a job interview. However, employers may decline to hire an applicant because of an arrest or a conviction unless the conviction has been expunged or erased through executive pardon.

What Are The Social and Emotional Dangers of False Accusations?

A false accusation that is sensational or lurid (pertaining to violence, a sex crime, or crimes against children) can have a lasting personal impact, such as:

  • Damage to reputation
  • Lost wages
  • Social isolation
  • Loss of relationships
  • Mental health problems
  • Medical bills
  • Physical health problems.

If a prosecutor is pressing criminal charges against you based on false statements, an experienced criminal attorney can help you fight the false accusations and protect your reputation.

How To Protect Yourself Against False Accusations?

A person may be falsely accused for a variety of reasons. Personal conflicts, such as divorce and child custody proceedings, or professional rivalries can lead to false statements and false accusations. If you face false accusations that could lead to criminal, professional, or personal penalties, you need to act promptly to protect yourself.

In addition to contacting the Law Offices of Jonathan F. Marshall for assistance, we suggest that you:

Remain Calm

Do not make a statement or make counter-accusations. If arrested and charged with a crime, tell the law enforcement officers you need to speak to your attorney before answering questions, then call us. Decline to answer questions without an attorney present to protect your legal rights.

Gather Evidence

Get originals or copies of any evidence in your favor. For example, work records may provide physical evidence to show you were not present when the false accusation is alleged to have happened and create reasonable doubt regarding the criminal charge. Texts or social media posts may reveal why the person who is making false accusations has reason to want to harm you. An attorney will gather and present evidence to rebut the criminal charge based on false allegations.

Start a Record

If you have been falsely accused, write down all contact you have had with your accuser over the past several months, including in person and via email, texts, social media, or by phone. Note anyone else involved who can corroborate what happened and rebut the false accusations. Start a journal and keep track of what you do and who you come into contact with day by day. False accusers sometimes add to their stories. Your record or witnesses may help stop new accusations.

Lie Low

On the one hand, you don’t want a false accuser to control your life. But if you can stay away from places where the two of you encounter each other, it could help prevent your problems from growing worse.

Can You Press Charges Against Someone For Making False Accusations?

While it is generally against the law to make a false police report, it would be up to the district attorneyto decide to press charges against the person who was making false accusations. The prosecutor pressing criminal charges would need to think he or she could win the case and that it would be in the public interest to proceed.

A criminal case against your accuser could result in jail time but would more likely result in a fine and community service unless the individual had similar convictions on their record.

Our hope would be to clear you of false accusations as quickly as possible so as to make pressing charges against someone else unnecessary.

Let Our Criminal Defense Lawyers Stop False Accusations Against You

Never face criminal accusations — especially false accusations — without legal counsel. In New Jersey, a defense attorney from the Law Offices of Jonathan F. Marshall can defend your rights during court proceedings and work to stop false accusations from harming you. Our attorneys are former prosecutors and public defenders who have years of experience in criminal courts across New Jersey. We have experience handling cases involving false accusation law. You won’t find a law firm better qualified to defend you.

Seek a free consultation with an experienced criminal defense attorney by contacting us online or by phone. A criminal defense lawyer with the Law Offices of Jonathan F. Marshall will review the false allegations and discuss your legal options if you are accused of a crime. An experienced attorney can act quickly to protect your rights, call us at 877-328-0980 for a free consultation.

What Are The Consequences for False Accusation? (2024)

FAQs

What Are The Consequences for False Accusation? ›

If you make false accusations against someone due to anger, jealousy or greed, there can be severe implications. Legal consequences. You could be charged with perjury or filing a false report. If your false statements cause harm to someone's reputation or well-being, you could be sued for defamation.

How much money can you get for false accusations? ›

Punitive damages: This is compensation awarded by the court or a jury as punishment against the person who defamed you. Punitive damages in California don't have a cap, so there is no limit.

How to defend against false accusations? ›

How To Defend Yourself Against False Accusations in 6 Steps
  1. Stay Calm and Gather Evidence. ...
  2. Contact a Criminal Defense Lawyer. ...
  3. Challenge the Accuser's Credibility. ...
  4. Understand Your Rights. ...
  5. Prepare Your Defense. ...
  6. Consider Counterclaims. ...
  7. Don't Let False Allegations Fly — Contact Right Law Group.

What happens if I get falsely accused? ›

False accusations can lead to prison sentences and fines. They can also have a long-lasting, negative impact on your career, reputation, immigration status, family relationships, and more. If you believe that you have been the victim of false accusations, you need to defend yourself.

Is there a punishment for false accusations? ›

Knowingly providing false information or making up a crime to law enforcement officers can result in criminal charges. Those convicted may face fines, with the exact amount varying based on the severity of the false report. Additionally, the court could sentence them to jail time, ranging from a few months to a year.

Can you put someone in jail for false accusations? ›

In California, the crime of false accusations is a misdemeanor and you can be prosecuted for it. The penalties for giving false information to the police are up to six months in jail and possible fines. Depending on the circ*mstances, you could also be granted probation.

Can you sue if someone falsely accuses you of a crime? ›

If the false accusations resulted in you being charged with a crime or sued without probable cause and the case was decided in your favor, you may be able to sue for malicious prosecution. If the false accusations damage your reputation, you may be able to sue for defamation.

Can you accuse someone without proof? ›

Not generally. So long as the statement is about a matter of public interest and is made in a way such that it cannot be proved true or false, the statement is protected from defamation actions.

How to prove your innocence when falsely accused? ›

If you're falsely accused, immediately contact a good criminal defense attorney to guide you through the legal process. Gather evidence like emails, texts, videos, and witness contact information to support your innocence.

How to withstand false accusations? ›

Acknowledge them and let them go. Pick your battles. A false accusation may lead to more accusations, rumors, and confrontations. Stand up and defend yourself when it matters, but resist the urge to react to rumors and minor slights.

How do innocent people respond to false accusations? ›

Innocent people react to false accusations in a variety of ways. Common reactions include surprise and disbelief, denial of the accusation, anger and frustration, a desire to prove their innocence, and a willingness to cooperate with any efforts to investigate the situation.

How to respond when someone accuses you of something you didn't do? ›

State the facts.

Once you are calm, state the truth as concisely as you can and provide evidence. If your accuser is ready to hear you, this can save a lot of back and forth. If your accuser is not yet ready to hear you, check your frustration.

What mental illness is associated with false accusations? ›

The psychological impact of being falsely accused can lead to anxiety, depression, and even post-traumatic stress disorder (PTSD). Fears of losing everything you've worked for and the uncertainty of your future can be overwhelming. False accusations can damage your personal relationships as well.

How do you charge someone for false accusations? ›

The process typically involves consulting with an attorney, gathering evidence, filing a complaint with the court, serving papers to the defendant (the person who made the false accusations), and then proceeding through various stages of litigation until resolution.

Why do people make false accusations? ›

Attention or Sympathy Seeking: In some instances, individuals may make false allegations to gain attention or sympathy from others. This can be driven by various psychological factors. Influence of Others: An individual might be coerced or manipulated into making false allegations by another party.

How can false accusations ruin a person's life? ›

A false accusation that is sensational or lurid (pertaining to violence, a sex crime, or crimes against children) can have a lasting personal impact, such as: Damage to reputation. Lost wages. Social isolation.

How to prove false allegations? ›

Further steps can include gathering relevant evidence, identifying potential witnesses, establishing an alibi if relevant, carefully examining and scrutinising the allegations being made, challenging the evidence, retaining the services of relevant expert witnesses if required, and hiring the right legal team to advise ...

What are the damages for False Claims Act? ›

The statute provides for a civil penalty not less than $5,500 and not more than $11,000, plus three times the amount of actual damage to the government resulting from any violation of the FCA.

Can you be accused of something without proof? ›

But it boils down to the fact that in order to be arrested for a criminal offense there has to be evidence, there has to be some level of evidence that would lead a reasonable, cautious police officer to believe the accused guilty.

What is the penalty for filing a false claims act? ›

False Claims Act [31 U.S.C. § § 3729-3733]

It is illegal to submit claims for payment to Medicare or Medicaid that you know or should know are false or fraudulent. Filing false claims may result in fines of up to three times the programs' loss plus $11,000 per claim filed.

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