At O’Brien & Eggleston PLLC, our Albany sex crimes defense attorneys know that very few criminal accusations — including false accusations — carry as much weight as those involving sexual assault, sexual abuse of a child, or rape without solid evidence to back up the claim.
In New York and the rest of the U.S., the thought of these crimes is so heinous that someone can allege they occurred, and once the words are said — even when they are not true — the accused must fight for their reputation and freedom going forward.
Our Albany County criminal defense lawyers know if you are falsely accused of a sex crime in New York, it is a complex and challenging situation that can have significant legal, personal, and social consequences.
Here are some critical steps to take if you find yourself in this situation.
Contact an Experienced Sex Crimes Defense Attorney in New York Immediately
The first and most critical step is to partner with an experienced criminal defense attorney who specializes in sex crimes. We can provide essential legal advice and guide you through the entire process.
Exercise your right to remain silent until you can access an attorney’s legal representation.
We understand, especially when the accusations are false, that trying to explain your way out of it is second nature. Don’t. Avoid speaking with the police or anyone else about the case without your attorney. Anything you say can and will be used against you.
Document Your Version of Events & Preserve Evidence
While the incident is still fresh in your mind, write down a detailed account of what happened. Include any witnesses, locations, times, and any other relevant details that can support your defense.
If there was no incident at all, which is often true during false allegations of sex crimes, consider any evidence that may support your innocence, like text messages, emails, surveillance footage, or other documents, and make sure to preserve them. Provide this evidence to your attorney.
If you have alibi witnesses who can vouch for your whereabouts during the alleged incident, gather their contact information and share it with your attorney.
Do Not Communicate with the Accuser
Avoid any direct or indirect contact with the person who made the accusation. We understand that when false accusations are made, the accused may be so shocked by the allegation that they want to talk to the person to know why they are making these claims. Don’t.
If your case makes it that far, you will have time to confront your accuser in court.
Comply with All Legal Obligations While We Build Your Defense Strategy
Comply with any legal requirements, including court appearances, orders of protection, or other conditions. Failure to do so can have legal consequences.
Trust Your New York Sex Crimes Defense Attorney Fully
You may be subject to arrest, a grand jury investigation, or a trial, depending on the specific circumstances of your case. We will help you navigate these legal processes while we build a strong defense, so it is crucial to trust our guidance.
False accusations of sex crimes can be emotionally and professionally damaging. Be prepared for the potential social and personal consequences and work with our defense attorneys and support staff to mitigate them.
We will work to build a strong defense strategy, which may include challenging the accuser’s credibility, presenting evidence of your innocence, and investigating the case thoroughly so you have the best opportunity to put these charges behind you.
Contact Our Dedicated Sex Crimes Defense Attorneys in New York for Help
Legal procedures can be complex, especially those involving false allegations of a sex crime, and an experienced attorney can help protect your rights and guide you through the process to prove that you deserve an outcome that supports your future.
Contact our Albany sex crime defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients. See how we can pursue a positive outcome for your case.