What To Do Once You've Been Accused Of A Crime
Hearing an accusation against you of criminal misconduct can leave you looking for answers. It's a good idea to understand the basic elements of criminal defense law before you respond to any of it. Let's take a look at what you should do once an allegation has surfaced.
Understand the Difference Between Accusations and Charges
While accusations, especially ones not made by the police or a prosecutor, can be deeply concerning, they don't carry the same weight as charges under criminal law. If others are making accusations, it's best to not feed into them by trying to correct those people.
If you have been contacted by the police or fear that the cops might be asked to investigate you, you should speak with an attorney as soon as possible. Regardless of what a member of law enforcement might tell you about just needing to ask questions, assert your right to have counsel present during questioning. Do not even have a casual conversation with a police officer until your lawyer has appeared.
Preserve Everything
People, even innocents, get fearful about how potential evidence might look if it comes to light. This can lead to actions like deleting text messages and emails, throwing out physical objects and cleaning rooms or vehicles. Unless you've been advised by counsel that you can do so, refrain from disposing of evidence or anything that might be seen as possible evidence.
The government can and does prosecute people for actions unrelated to crimes themselves. These kinds of charges related to what are called "process crimes" in the American system of criminal law. It's better to have to explain a piece of potential evidence than it is to explain why it disappeared.
Close Your Circle of Confidants
Emotional satisfaction can come from talking to others about your situation. Don't do this. Anyone you speak with about a criminal accusation can become a witness. Absolutely do not ever talk with others in order to "get the story straight" because that can also be seen as a process crime, specifically obstruction of justice and witness tampering.
If you need to get something off your chest about your case, talk with your attorney about it. Yes, it's an expensive way to vent, but turning other people into new witnesses is probably going to be a lot more expensive. Try to maintain a partition between the criminal allegations you face and the conversations you have with the people in your life.