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What can be done about false accusations?

Dublin, VA |

what legal steps can be taken when a warrant has been taken, from false accusations. the warrant was for a felony, the person accused of the crime was not even in the state, at the time of the alleged crime?

Attorney Answers 2

Posted

This is a classic example of the importance of having a good criminal defense attorney, and also an excellent example of why you need to be in contact with an attorney in your area immediately. Most importantly, do not contact the police/detectives yourself to try to explain why the accusations are false. Although you may have a rock solid alibi, you need to understand that the police are not trying to help you - they are gathering evidence in a criminal investigation. Regardless of the strength of their case, at this point they seem to have you as the focus of their attention. Speaking to a criminal defense attorney is totally confidential. After you do this, the attorney will contact the appropriate parties and fight to clear you as a suspect in this investigation. If charges are filed, an attorney can keep you informed and most importantly, protected. Even if you're totally innocent, trying to tackle this process without a lawyer could have dire consequences. It's well worth your time to speak with an attorney as soon as possible.

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Posted

1. Get a good lawyer; one who understands your states statutory requirements/obligations regarding the filing of alibi notices. 2. Start assembling information as to the person's exact whereabouts and the full names, addresses, and phone numbers for any and all witnesses who can verify where the person was at the time of the alleged crime. Your brief description suggests that this is the type of case that will necessitate pursuing an alibi defense. Please note, alibi defenses are factual defenses and not legal defenses; this means that the court usually doesn't care about these types of defenses as they must be presented to a jury. The prosecutor doesn't have to accept the word of alibi witnesses if they don't want to, however, if further investigation should make it appear that the evidence of alibi is overwhelming they may decide to simply drop the matter in its' entirety.

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