 Proudly fighting injustice in San Diego Courts It is often said that it is better to allow 1000 guilty people free than to allow even one innocent person to be convicted of a crime and incarcerated for something they did not do. A staggering number of Americans are mistakenly arrested, charged with crimes, and even convicted. Recently, main stream entertainment media have begun to share stories of the wrongly incarcerated, with series such as Making a Murderer, and movies like Just Mercy (a must see film about Bryan Stevenson, the most successful innocence work attorney in the nation), point out some of the major flaws in out criminal investigation, trial, and appeals processes that have permitted countless innocent people to lose their liberty and even lives. The sharp reality is that being innocent, is not a guarantee that you cannot be wrongfully accused.
HOW COMMON ARE FALSE CONVICTIONS Measuring actual false conviction rates is nearly impossible. Guilty people can claim innocence, innocent people may not be able to make a sufficient showing of innocence to be cleared. What we do know, is that DNA evidence, the brilliant work of post-conviction attorneys, and exposed fabrications have revealed a tremendous amount of false convictions. Based on DNA evidence alone, 367 people have been exonerated, mostly for serious crimes, and 21 were on death row. Those who study wrongful convictions estimate that between 2.5% and 5% of convictions for serious crimes are false convictions. Of course, an even greater number of people are arrested and charged, but avoid conviction because of a strong defense. Even if you are actually innocent, if the police believe that you are guilty of a crime, they will mount all of the evidence against you that they can, and you need advocacy for your side to contradict the government's false narrative. WHAT CAUSES FALSE CHARGES/CONVICTIONS False accusations- False accusations are all too common. Jealousy, anger, and covering for their own crimes can make a person accuse you of a crime. During breakups, divorces, custody battles, and even more minor disputes, some people will choose to wield the power of the law as a weapon. Though police do not like to be lied to, they will tend to believe a person who reports to them that they were the victim of a crime. If you are the victim of a false accusation, you will need an experienced defense lawyer who can properly investigate the accusation, confront the accuser on your behalf, and expose the lie, so that you can clear your name. The earlier you have an attorney involved in the process the better, as it may be time sensitive to preserve some necessary evidence. Be sure to retain your own text messages, relevant photographs, clothing, and other possible evidence if you suspect you might be falsely accused by someone. Mistaken identity- Eyewitness identification is inherently extremely unreliable, yet heavily relied upon. Victims to actual crimes will very often misidentify the perpetrator of the crime, often due to police practices aimed at incriminating a suspect. False confessions- Did you know that police are allowed to lie to you? And they will if you're ever in a police interview room. Speaking to police when you are the target of their investigation is a terrible idea. Police may not be very good at gathering physical evidence (more below), but they are very good at eliciting incriminating statements. Police use tried and true interrogation tactics designed to get the answers they want - the answers that lead to your arrest, and their case being closed. Most people outside the legal profession (and even many lawyers) have a hard time understanding how an innocent person could "confess" to a crime, but it happens at a staggering rate. First, a suspect can incriminate herself with much less than a full confession to a crime. Small statements, like confirming presence in the area of a crime, only add to the evidence against you, without helping you. Many police are not trying to objectively look at all of the facts, but just aim to piece together any fact tending to show your guilt. Additionally, police will lie and scare people into confessing. Suspects being interrogated are often threatened with incarceration, the death penalty, having their kids taken away, and more to get them to cooperate in exchange for promises of leniency. Police even tell people that they have evidence that they do not have (e.g. DNA on a murder weapon when they don't even have the weapon). This kind of fear and manipulation, especially over hours and hours, can result in extremely unreliable admissions, but nonetheless admissions that the government will use against you. Police interrogations are hard to deal with, and that is why a suspect should always remain silent and ask for their attorney during any questioning. Mistake of fact- Mistakes happen. Sometimes people accidentally take the wrong bag, forget to pay a tab, or not knowing that someone else has put a gun or drugs in a car you're driving. At first glance, these mistakes may point towards your guilt, but you might have a strong defense against the charges, maybe even enough to avoid filing of charges in the first place. Accidentally walking into the wrong apartment can be charged as a home invasion residential burglary, and unfortunately, setting the record straight will likely require a formidable defense. Sloppy evidence- Most of our police departments are not as sophisticated in their collection, preservation, inspection, and testing of physical evidence. Unlike many of the popular crime solver television shows, the reality falls very short of those ideals. On top of that, a person's DNA or fingerprints being present at a crime scene may be perfectly innocent (for example, could be from another time). If you've been charged with a crime you did not commit, and there is physical evidence pointing to your guilt, something went wrong, and the police did not catch it. It takes a skilled defense attorney to evaluate the ways things could have gone wrong, investigate, inspect, and consult with experts to expose the error. Tunnel vision- The term "tunnel vision" is often used in describing criminal investigations, because often times once police have identified a single suspect, they may no longer focus any of their attention on evidence that contradicts that theory, and will not look into other suspects (including the actual perpetrator). Not only does this mean that there is a poor investigation into exculpatory facts, but it also means that law enforcement probably searched really hard for any and all tidbits of information that tend to show your guilt. If the police incorrectly zero in on you as a suspect, you need at attorney to defend you, supplement the investigation, and ensure that you are not subject to penalties for the crimes of another person. DO I NEED A LAWYER IF I DID NOTHING WRONG Yes. Many innocent people believe that the mistake that got them into trouble will be revealed, and all will be fine. After all, we are innocent until proven guilty, right? Unfortunately, most people who have had contact with the criminal justice system realize that defendants are rarely, if ever, treated as innocent during the proceedings. You need an attorney to assert your rights, properly investigate the case, expose the lies, and uncover the mistakes that led to your charges. HOW DO I PROVE I DID NOT DO IT? Strictly speaking, you do not need to prove your innocence to avoid a conviction, but it sure will feel like it. Unless you can mount credible evidence supporting your claim of innocence, the prosecution will likely go forward against you, and they will put on their case in an effort to convict you. Thorough investigation, careful review of the government's evidence, confrontation of fabrication, and effective courtroom advocacy are all key to avoiding your conviction. With sufficient evidence of innocence, it may also be possible to seal and destroy any arrest records. WILL I BE ABLE TO SUE? Being falsely accused of a crime, many people want to know if they will be able to sue the police, accuser, prosecution, or someone else relating to being falsely arrested and charged. The answer is that it depends greatly, but that the primary focus should be getting out from under the false accusation first. Getting the charges dismissed or winning at trial is a must, and the possibilities of recovering for the distress of a false accusation should be considered and discussed with the proper priorities. WHAT CAN I DO IF I WAS ALREADY CONVICTED Many wrongful convictions have been overturned. If you or a loved one was convicted based on false or flawed evidence, there may be avenues through motions for new trial, appeals, and writs of habeas corpus, to attempt to vacate a false conviction. Representing an innocent client is one of the most stressful and most rewarding experiences for a criminal defense lawyer. Something went horribly wrong, and it will take exceptional legal work to correct it. If you or a loved one has been falsely accused, contact us now for a Free Consultation with a San Diego Criminal Defense Attorney. By Nicholas Loncar, Esq. www.iDefendSanDiego.com 619-550-4422
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