False allegations or false accusations of crimes in Texas can occur to almost anyone. Unfortunately, even though they are false claims, they can result in serious repercussions and consequences even if the charges are ultimately reduced or dismissed.
If you have been falsely accused of a crime, the state prosecutor has the very difficult burden of proving you committed every element of the offense beyond a reasonable doubt. This is often a very high burden of proof, and if the judge or jury has any doubt due to the presentation of your defense evidence or because the prosecution failed to prove their case, you may be acquitted of the charges against you or convicted of a lesser offense. Therefore, it is important to consult with a knowledgeable criminal defense attorney who can help you identify your best legal strategy at the outset of your charges.
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Texas False Allegations Lawyer
Contact Dunham & Jones, Attorneys at Law for a FREE consultation about your false crime accusations throughout Texas. Our team has decades of experience in defending false crime accusations and will make every effort to help you achieve a favorable resolution. Call 800-499-8455 to schedule your free one on one consultation with a highly qualified local attorney from our firm.
False Criminal Allegations Texas
- How False Allegations Arise
- False Allegation Offenses
- Defending False Accusations
- Potential Repercussions to False Allegations
Many times false allegations of child sex abuse, domestic violence or adult sex assault arise due to some outside circumstance, whether the alleged victim created the lie to be malicious, due to spite or anger, or because they were coerced or convinced by another person. Some of the most common reasons false allegations of these crimes arise are due to:
- Parents or ex-spouses in a custody or divorce battle in order to gain leverage;
- Teenagers attempting to have an extremely disciplinary parent removed from the house;
- Small children confused from viewing films at school that show what is considered a good touch and what is a bad touch from another person;
- Children or teenagers making up the allegations for attention;
- Children creating the accusations because they were told the abuse or assault happened from some outside influence, such as psychologists, teachers or nurses;
- Children making the accusations up because they are not aware of what they are saying or what it really means;
- Children making questionable comments that cause concern among members of the family;
- Children making false allegations after other friends or siblings have made the same or similar accusations; and/or
- Teenagers or adults making the allegations up to hurt another person or ruin their name or reputation.
False accusations are often very easy to make and can occur to almost anyone. No matter the reason for your false claims, it is important to contact an experienced criminal defense lawyer who has specific knowledge of your alleged offense and will help defend you from these heinous claims from the beginning of your case. Unfortunately, once any type of assertion has been made, the Texas Child Protective Services and law enforcement will begin investigating the case. Since these types of investigations can often become “witch hunts,” it is very important to contact a skilled false allegations defense lawyer today.
Some of the sex crime offenses in Texas which can be alleged include:
- Child Sexual Abuse
- Child Molestation
- Continuous Sexual Abuse of a Child
- Sexual Performance by a Child
- Indecency with a Child
- Child Pornography
- Online Solicitation of a Minor
- Statutory Rape
- Child Sex Trafficking
Preparing a defense for your false allegations begins by defending your case before you are formally indicted for any criminal charges. When your case is presented to the grand jury, they will decide whether to issue a true bill of indictment, which means you will be indicted, or issue a no bill of indictment, which means the case will be dropped.
At the grand jury proceeding, you may have the opportunity to present a defense through witnesses and evidence at the grand jury hearing. Although the prosecution does not have to permit this, they often will allow some defensive evidence if requested by the grand jury. Generally, more evidence is permitted at a grand jury hearing that may not be admissible at trail, such as hearsay evidence, polygraph results and character letters that attest to your good character. You may also be permitted to have witnesses testify on your behalf, but these decisions are strictly made by the grand jury. Although your attorney is not allowed in the grand jury proceeding, they can sit outside of chambers and prepare witnesses and advise you.
Common examples used to create a defense at a grand jury proceeding can include:
- Letters discussing your good character;
- Polygraph results and reports;
- Education or military records;
- Your criminal history (or lack thereof);
- Legal research and other case law;
- A personal statement of your side of the story;
- Testimony from eyewitnesses;
- Statements that the alleged victim has not been truthful in the past;
- Any statements from the alleged victim recanting the allegations;
- Psychological testing of the alleged offender;
- Medical tests that the alleged victim has not been assaulted; and/or
- Any other expert testimony.
If the grand jury does make the decision to indict you, then your strong defense will continue at trial against your false allegations. Often, whether you are convicted or not will depend on the jurors that are selected at voir dire. Although some jurors can bring in strong emotions into the court room in cases of sex allegations, your defense lawyer may be able to strike these jurors from the panel. In addition, your defense lawyer must be effective at cross examining the prosecution’s witnesses and also effectively inform the jury panel about false allegations and how they can occur.
If you have been falsely accused of a crime, sexual assault offense, domestic violence offense or any other criminal offenses, you could face any of the following penalties and repercussions if convicted:
- Jail or prison time,
- Public embarrassment and humiliation,
- A negative impact on relationships,
- An inability to apply for certain jobs or occupations,
- A loss of certain professional licenses,
- Ineligibility to vote,
- Ineligibility to hold public office,
- A refusal to be admitted into certain educational or graduate school programs,
- Ineligibility to own or possess a firearm,
- Requirements to register as a sex offender, and/or
- A criminal record.
Dunham & Jones, Attorneys at Law | False Accusations Attorney in Texas
If you have been falsely accused of a crime in Texas, contact Dunham & Jones today. Our experienced and qualified criminal defense attorneys will make every effort to fight the false allegations against you. Contact us today for a FREE consultation.