How to Defend Against False Accusations in San Diego
by Marc Kohnen | Nov 4, 2024 | Criminal Defense Attorney

How to Defend Against False Accusations in San Diego

As San Diego’s premier criminal defense attorney, I’ve seen firsthand the devastating impact false accusations can have on individuals. When facing false criminal accusations, the emotional, social, and legal consequences can feel overwhelming. But you’re not alone. Whether it’s a DUI, domestic violence charge, or a more serious offense, the right legal strategies can help you navigate this difficult time and protect your future.

Understanding False Accusations

What Are False Accusations?

False accusations occur when someone is wrongfully charged or blamed for a crime they didn’t commit.

These accusations may arise from misunderstandings, malicious intent, or mistakes during investigations.

Why False Accusations Happen

There are numerous reasons why someone might face false accusations. It could be a simple misunderstanding or an intentional act of malice, such as revenge or manipulation. Unfortunately, in criminal cases, law enforcement might also make mistakes or rush to conclusions, leaving the accused fighting to prove their innocence.

The Legal Consequences of False Accusations

Impact on Reputation and Life

One of the most immediate effects of a false accusation is the damage to your reputation. In a connected world, news and rumors spread quickly, often leaving lasting scars on your personal and professional life, even if you’re eventually exonerated.

Potential Legal Penalties

Being falsely accused of a crime like DUI, assault, or theft in San Diego can have severe legal consequences. These might include jail time, fines, a permanent criminal record, or even the loss of civil rights. The stakes are incredibly high.

Key Legal Defenses Against False Accusations

When you’re falsely accused of a crime, having a robust legal strategy is essential. Here are some of the key defenses I use to protect my clients:

1. Presumption of Innocence

As your defense attorney, I will remind the court that you are innocent until proven guilty. The prosecution must present evidence that proves your guilt beyond a reasonable doubt. My goal is to ensure that this legal standard is strictly enforced, keeping you from unjust punishment.

2. Gathering Exculpatory Evidence

Collecting evidence that proves your innocence, or at least raises doubt about the prosecution’s case, is crucial. This might include:

  • Witness Testimonies: Eyewitnesses who can corroborate your version of events.
  • Alibis: Proof that you were elsewhere at the time of the alleged crime.
  • Physical Evidence: Forensic evidence that challenges the prosecution’s claims.

3. Questioning Credibility

In some cases, the credibility of your accuser can be called into question. If they have a history of lying, or if there’s clear evidence of ulterior motives—such as financial gain, revenge, or personal animosity—it can weaken the case against you.

4. Exposing Law Enforcement Errors

Mistakes made by law enforcement during your arrest or investigation can be significant. If your rights were violated, such as through unlawful searches or improper questioning, we can file motions to suppress evidence, which could lead to a dismissal of charges.

5. Cross-Examination of Witnesses

During trial, cross-examining the prosecution’s witnesses can reveal inconsistencies or contradictions in their testimonies. This technique is essential to undermining the prosecution’s case and establishing doubt.

False Accusations

Steps to Take If You’re Falsely Accused

1. Contact a Criminal Defense Attorney Immediately

The first thing you should do if you’re facing false accusations is to consult with an experienced criminal defense attorney. I have extensive experience defending clients in San Diego courtrooms and will work tirelessly to protect your rights.

2. Do Not Engage With Your Accuser

Engaging with the person accusing you can backfire. Anything you say could be misconstrued or used against you in court. Instead, let your attorney handle all communication.

3. Gather Evidence to Support Your Case

Begin collecting any evidence that might help your defense. This includes texts, emails, phone records, or anything else that can verify your version of events.

4. Stay Off Social Media

Social media can be a dangerous place if you’re falsely accused. Anything you post could be used by the prosecution to harm your case. It’s best to avoid posting about your case—or anything else—until the matter is resolved.

5. Prepare for the Emotional Toll

Facing false accusations can be emotionally draining. Surround yourself with supportive people and consider speaking to a therapist to help cope with the stress.

Legal Representation in San Diego

Why You Need an Experienced Attorney

Facing a criminal charge in San Diego is a serious matter, and it’s vital that you have an experienced defense attorney on your side. With years of experience and countless NOT GUILTY verdicts under my belt, I understand the intricacies of San Diego’s legal system. My team and I will work diligently to expose flaws in the prosecution’s case and fight for your freedom.

Proven Track Record

My reputation as a leading criminal defense attorney in San Diego is built on a foundation of success in high-profile cases. My cases have been featured on national news platforms like CNN, MSNBC, and HLN, as well as local outlets like San Diego CBS, ABC, and FOX affiliates. I’ve defended clients against charges ranging from misdemeanors to serious felonies, obtaining not guilty verdicts in cases that seemed impossible.

Fighting for Justice

I take pride in standing up for those who have been wrongly accused. Justice isn’t about punishing the innocent—it’s about protecting the rights of every individual. My mission is to ensure that no one in San Diego is convicted based on false accusations.

FAQs

1. What should I do if I’m falsely accused of a crime?

The first step is to contact an experienced criminal defense attorney who can guide you through the process. Avoid engaging with your accuser or posting on social media about the case.

2. Can false accusations be dropped?

Yes, with the right legal representation and evidence, false accusations can be challenged and dismissed. Your attorney can file motions to dismiss the charges or fight for a not guilty verdict at trial.

3. How long does a criminal defense case take in San Diego?

The length of a criminal defense case can vary depending on the complexity of the charges and the court’s schedule. Some cases are resolved in a matter of months, while others may take longer if they go to trial.

4. Will a false accusation stay on my record?

If you are acquitted or the charges are dismissed, the accusation should not appear on your criminal record. However, your attorney can help you with the process of expunging any remaining records.

5. How much does it cost to hire a criminal defense attorney?

The cost of hiring a criminal defense attorney depends on the specifics of your case. I offer a free consultation to discuss your case and provide a clearer understanding of potential legal fees.

Contact Mark Kohnen Criminal Defense Lawyer San Diego

Conclusion

False accusations can be life-altering, but with the right defense strategy, you can fight back. From gathering exculpatory evidence to exposing law enforcement errors, there are many ways to defend yourself in court. If you’re facing false accusations in San Diego, don’t hesitate to seek professional legal help.

Call us now to schedule a consultation with a criminal defense attorney in San Diego. 24-hour assistance: (619) 398-2500 or contact us online.