what to do if accused of threatening someone

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If you were accused of a crime you lot didn't commit, you should brainstorm formulating your defense immediately. Showtime past identifying evidence that could bolster your example, and refrain from offering the constabulary anything incriminating. Beating a criminal accuse volition require perseverance, articulate thinking, and constructive legal representation, simply it's certainly possible.

1. 1

   Recall almost false identifications. Simulated identifications occur when an eyewitness wrongly identifies a person as being the one that committed a law-breaking. Eyewitness testimony can be incredibly persuasive to a judge or jury but DNA has proven time and once more that their identifications and testimony are often inaccurate.^[one] If you think you lot accept been wrongly identified equally a suspect, you should try any of the following:

   • Enquire for a blind administration of your lineup.^[2] This ensures that the officer conducting your lineup does not know who the possible suspect is.^[3] It prevents the officeholder from making suggestive statements to the bystander that could lead to that bystander wrongly identifying someone as the suspect.
   • Request a better lineup composition.^[4] When your lineup is conducted, try to make sure all of the other people in the lineup look like the eyewitness's description of the suspect.^[v]
   • Ask that your identification procedure be recorded.^[6] Having your lineup videotaped can be a swell manner to make sure there is no misconduct.^[7] The videotape can act as evidence if y'all experience something went incorrect.

2. 2

   Recognize the possibility of government misconduct. Oftentimes, law enforcement officials and prosecutors accept motives that lead them to be quack in the execution of their duties. When this happens, they tin use their power to captive someone of a crime they didn't commit. If you think this has happened to you, you should endeavor the post-obit:

   • Raise the upshot at trial. Talk to your chaser or the estimate and convey your thoughts. Tell them why you think there has been misconduct and who y'all call back is responsible.

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3. 3

   Empathize imitation confessions or admissions. A lot of innocent people admit to doing something they didn't in fact do because they believe their cooperation with law enforcement and prosecutors will be better than trying to maintain their innocence.^[viii]

   • If you are existence falsely defendant of a crime yous did not commit, do non fall into this trap and practice not acknowledge to anything you didn't practise. If yous feel threatened by law or chaser questioning at any time, finish talking and request a criminal defense attorney.

4. iv

   Consider improper forensic science. In the present criminal investigatory climate, law enforcement is relying more and more on the use of forensic science, which is the awarding of science to legal bug.^[9] However, a lot of scientific methods being used have not been subjected to sufficient evaluation and this has led to a lot of errors.

   • If y'all think you lot are being accused of a crime you did not commit because of faulty science, raise this issue at trial and consider hiring a forensics expert.

5. 5

   Know the role of informants. Informants are people that give police enforcement officials information about crimes and misconduct. These informants often have incentives to work with police enforcement, and these incentives tin atomic number 82 to false statements. For example, informants are often by criminals themselves, and they could be lying to police force enforcement in gild to cover for themselves or for friends.

   • If you call up an informant has falsely identified you lot equally the suspect, you demand to bring this issue up at trial.

6. six

   Consider inadequate defenses. Sometimes your criminal defence lawyer tin can inadequately represent you and make mistakes at trial.^[10] When a defense attorney incompetently represents a criminal defendant, it tin can often lead to that defendant being wrongfully convicted.^[11]

   • If yous think your legal defense was inadequate, you volition accept to appeal your conviction and raise this issue there.

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1. ane

   Stay calm. Y'all probably won't know that you've been accused of a criminal offense until the police show up at the door. Undoubtedly, you will be shocked and confused. Nevertheless, you must remain calm so that you do not make mistakes.

2. two

   Reject to talk to law. Yous exercise not have to talk to police. Fifty-fifty if they abort yous, you may remain silent.

   • Law may initially contact you simply as function of their investigation. Nevertheless, if they begin asking you where you were on a specific appointment, and so you should assume that you are a doubtable.
   • Law may tell yous that it is okay to talk because you lot are not under abort. That is meaningless. Anything you say at whatsoever time tin can be used against you in courtroom, whether y'all have been arrested or not.
   • If law accept you lot into custody or formally arrest you, then you lot should tell them that y'all desire to talk to a lawyer. You must say this explicitly. It is not enough to simply remain silent. If you remain silent, police tin can continue to lob questions at you in the hopes that you will eventually start talking.^[12]
   • If you request a lawyer, the police are required to halt all questioning.^[13] However, if y'all re-initiate discussions with the police, so they can interrogate y'all. For this reason, you should limit your discussions to requests for nutrient or trips to the bathroom. Do not appoint in small talk, chit chat, or say anything at all about the charges brought confronting you. Exercise not even inquire questions about the case.

3. 3

   Rent a lawyer immediately. If you are arrested, and so you lot can request that a public defender be provided. Merely even if you are non arrested, you should speak to a lawyer once you take found out that you lot have been accused of a law-breaking.

   • A lawyer tin can help assess your case, e.k., the likelihood that the state has enough evidence to charge you lot. He might besides help you observe evidence that supports your innocence.
   • You cannot get a public defender until you are arrested, so you will have to pay for the aid of a lawyer earlier then.

4. four

   Put together your alibi. Your attorney should be able to find out the crime you have been accused of, also every bit when it happened and where. Then come up up with a list of anyone who saw yous at the time the criminal offense was committed.

   • Your attorney will get sworn written statements from them. Also, your chaser should try to videotape the interview. If the witness disappears earlier trial, then you lot may be able to introduce the statements at trial.
   • Also expect for documentary evidence that you were at a location. ATM receipts or purchases past credit card are a great mode of showing that you lot were not at the crime scene.
   • Attempt to identify if you lot were at a business that had video surveillance, such as a bank or a convenience shop. That evidence can be used to show that you were not at the crime scene.

5. v

   Identify witnesses to the crime. If yous are in prison, then you lot should rent a private investigator to notice who may have witnessed the criminal offense. If yous cannot afford a private investigator, then friends or family could investigate.

   • Have the investigator get to the location of the criminal offence and ask anyone they see living nearby if they retrieve the dark in question. They may be witnesses themselves.
   • The investigator volition rails down leads. The investigator may also try to talk to your accuser.
   • If the government decides to prosecute you, then they will take to release a list of witnesses to you. But they practise not necessarily need to practise this during the investigation stage.

6. 6

   Save every email and record every phone call in your search for evidence. You may discover a pattern of obstruction. This is useful both in getting that person to stop obstructing you (the ideal scenario) or in proving obstruction in courtroom.

   • If the person you are trying to become evidence from has an attorney, you should only work through the attorney.

7. 7

   Nowadays the police with your show. After y'all take consulted with your lawyer, and after yous have gathered evidence, and so you may want to formally encounter with the police and talk with them. Your attorney should be nowadays during the entire interview. This is your adventure to present your side of the case.

   • Bring the exculpatory evidence with you lot, including the names and addresses of alibi witnesses.
   • The constabulary may choose to abort yous at any point. Be prepared to exist arrested.
   • If the state has already charged y'all with a criminal offence, then presenting prove to them will do picayune good. They are already confident of their example against y'all. Nevertheless, all the bear witness yous have gathered—your alibi bear witness, witnesses, etc.—volition be useful at trial.

8. viii

   Reject a polygraph. Some constabulary departments utilize polygraph exams as office of their investigation.^[14] They may tell you that the polygraph examination is a way to clear your name.

   • Instead, the polygraph test is oftentimes used every bit a tool to excerpt a confession. After you take the exam, you may be told that you failed and that you should confess. You can avert this scenario past declining to take a polygraph.

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1. i

   Be unimposing. If y'all are out of jail awaiting trial, and then several opportunities will present themselves to talk to family and friends about the instance. You lot shouldn't. Anything you lot say tin can be admitted against you at trial, fifty-fifty if you don't testify.

   • Often, equally a story is repeated, the original story is altered. The media or even the prosecutors could get wind of a wrong version of events.

2. 2

   Avert the press. If your example is high profile, members of the media may contact yous for comments. You actually gain zilch by talking to them. Even publicly professing your innocence is unlikely to sway prospective jurors.

   • The press tin accept things out of context. Ultimately, reporters are more than interested in ratings and paper sales than in helping you prove your innocence. If reporters harass you, refer them to your lawyer.
   • Maintain your calm when around the press. Photographers may try to get a reaction just and then they can sell a photograph of you exploding in rage. They may telephone call yous or your family names in order to upset you. Cake them out.

3. 3

   Meet with your lawyer. Your lawyer should meet with you at least once earlier trial begins. She should explain the evidence that the state is presenting against you and her strategy for creating reasonable doubt.

   • If you lot have trial strategies, suggest them to your lawyer. You lot may have seen something that your lawyer didn't.
   • Fifty-fifty if your lawyer doesn't meet with you, y'all tin ever write letters to your lawyer or call. Stay up to appointment. No 1 has more to lose than you.

4. 4

   Decide whether you desire to testify. You have a ramble right not to testify. Yet, it could be helpful. Talk it over with your lawyer. Some factors y'all should consider include:

   • How stiff is the prosecution's evidence? Exercise they take a witness (other than the victim) who will prove that you committed the crime? Also how apparent are their witnesses?
   • Do yous take potent alibi witnesses? If apparent people can place you somewhere other than the crime scene then you lot may not want to show.
   • Exercise you accept a prior conviction? Evidence of a felony conviction may be used to cast doubt on your credibility. If you make up one's mind to bear witness, the prosecutor can introduce testify of prior felonies.^[fifteen]
   • Although you lot should trust your lawyer's advice, the ultimate decision whether to testify or not is always up to you lot.^[16]

5. 5

   Stay centered and focused. Most people will determine whether or not you committed the law-breaking based on what they already know of your graphic symbol, for good or ill. You will discover it frustrating that perhaps many might believe y'all are guilty. Yet, losing some friends is not every bit of import every bit losing your freedom or your reputation if convicted.

6. 6

   Set for courtroom. You should understand everything that will happen in the trial: who the state will present as witnesses (they volition give your lawyer a list), an idea of what the witnesses will say, and the witnesses your lawyer volition present.

   • Ideally, you should nowadays some class of evidence that rebuts every major piece of evidence offered by the prosecutor. For instance, for every witness that the state presents who testifies that he saw you commit the crime, y'all should have a witness who did not run across you lot commit the criminal offence.
   • Also, you should effort to impeach the credibility of the prosecution's witnesses. Come up with theories of why they are lying and get together evidence to support your theory. For example, if someone is biased against you because y'all took their job, then you should at a minimum raise this result during the witness's exam.

7. vii

   Clothes professionally. Appearances matter to juries. When y'all go to court, dress professionally. Choose a clean, pressed, and well-cutting outfit to wear. Take a haircut and shave (if relevant).

   • Tone down the makeup (if relevant) and don't overdo jewelry or flashy rings.
   • If you have facial tattoos, then cover them with makeup. You will be sitting far enough away from the jury then they volition non exist able to notice that you are wearing makeup.

8. eight

   Be confident. You may be terrified, but yous must projection an air of at-home confidence. Do not smile or make jokes, but nevertheless sit down upward straight and look at the jury.

   • Have notes during the trial. This will give y'all something to do and besides forcefulness you to pay attention to the evidence presented. If you take an idea, pass a note along to your lawyer.

9. nine

   Practice being examined. If you plan to testify, yous must rehearse constantly. You need to be able to speak clearly and succinctly. Prosecutors encourage their witnesses to tell the truth and speak in their ain words.^[17] The same advice applies to you lot.

   • Maintain eye contact and speak respectfully.
   • Exercise not exaggerate or do anything that feels unnatural just for an consequence. You do not need to cry to make yourself sympathetic.

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1. i

   Understand when you need to appeal. If you have been convicted of a crime you did not commit, you lot need to appeal your trial conviction soon subsequently it happens. In some states, you are required to file a discover of entreatment within ten days of your conviction.

2. 2

   Know what can be appealed. If you are highly-seasoned a criminal confidence, the appellate court will simply hear legal bug, which means you lot volition not exist able to entreatment the facts surrounding your case or the decisions of the jury.

   • In California, there are only two ways y'all can appeal a criminal conviction. Beginning, you tin appeal and say there was not enough evidence to justify the guilty verdict.^[18] Second, you lot tin can claim there were mistakes of law that hurt your case (i.e., bad procedures, inadequate assistance of counsel, or wrongful application of a law).^[19]

3. three

   File your written brief. Once you take chosen to appeal and yous know that your business organisation is appealable, you will demand to file a written brief with the court that convicted you lot. Your written brief volition contain a description of your claim, the facts supporting your claims, and the legal potency that backs up your claims.

   • Accept nifty intendance when writing your brief and consider hiring an experienced appellate attorney to help you lot. Your legal brief volition be the the virtually of import certificate during the appellate process then you demand to make certain it is well crafted.

4. 4

   Attend a court hearing if necessary. If y'all said at that place was not enough testify to convict you, the appellate courtroom will wait at your cursory and the trial record and make a conclusion based solely on those documents.^[20] However, if y'all claimed in that location was a mistake of police that led to your conviction, the appellate court will hold a hearing and mind to both parties.^[21] They will and so determine if there is a legitimate reason to overturn your conviction.^[22]

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1. ane

   Obtain and fill out a petition for a certificate of innocence. If you were wrongly bedevilled of a crime and your conviction has been overturned, y'all may desire to petition a court for a document of innocence. A certificate of innocence is a court order conclusively stating that you did not commit the criminal offense for which you were bedevilled. To start this process, you should either obtain or write a petition to the court asking for a certificate of innocence.

   • When you make full out a petition, you will need to tell the court: (i) y'all were convicted of a crime; (ii) your conviction was reversed; and (three) you did non bring near the confidence on your ain. The petition should also include any evidence and documentation you lot take supporting your statements. This volition commonly include trial orders evidencing your conviction and appellate orders overturning that conviction.

2. two

   File your petition in the correct court. One time you accept written your petition, yous will need to file it in the trial court of the county where you were bedevilled.^[23]

3. iii

   Receive a courtroom order granting your petition. Once you have filed your petition, yous will be required to go to a court hearing and prove your innocence. If you lot tin do this, the court will probable grant your petition and you lot will receive a court order conclusively stating your innocence.

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• Stay calm at all times. Even if it looks like you're going to jail, staying calm can assist.

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Commodity Summary X

To testify y'all're innocent of a offense, rent a lawyer every bit soon as possible, then they tin support you lot through the process. Although yous might be eager to articulate your name, avoid talking to the police until you meet with your lawyer, since they might try to extract a simulated confession out of you lot. Working with your lawyer, trace your movements to find an alibi, similar an centre witness, store receipts from the fourth dimension of the crime, or video surveillance proving your location. When you've constitute show of your innocence, nowadays it to the police with your lawyer if yous're even so under investigation. If it goes to court, yous'll need to nowadays bear witness to a judge and jury. This can exist scary, but remember that you're innocent and stay calm, since the truth will come up out. For more tips from our Legal co-author, including how to prove your innocence during an entreatment, read on.

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