why do i need an attorney to prove my innocence

You need a criminal defense attorney to prevent the prosecution from violating your legal rights. You need an attorney to prevent the prosecutor from taking advantage of your fear of being convicted to offer you a bad plea bargain that is not in your best interest. Let us help you prove your innocence.

Full Answer

Is it the job of a lawyer to prove innocence?

Proving Your Innocence. Criminal Defense. Berry Law has represented many persons outraged that the government has charged them with crimes. They look forward to their day in court, when they can “prove” their innocence. While it is understandable that most people who are charged with crimes feel they need to fight to get their reputations back, the criminal justice system is …

Do you have to prove that you are innocent?

Jan 19, 2016 · Our attorneys are aggressive, experienced, criminal defense attorneys who understand the North Carolina justice system and the laws of North Carolina. You are innocent until proven guilty. You do not have to prove that you are innocent, but you may have to go to court to fight against the charges against you.

Why would an innocent person admit to doing something they didn't do?

Jun 27, 2019 · This is because they often take the accusations lightly. Their innocence tends to blind them from seeing the imminent danger. With such an attitude, they often prison without knowing it. Eventually, the lawyers will have a hard time proving your innocence. This will waste too much time dealing with your state of mind than on the case.

Why Hire Our North Carolina criminal defense attorneys?

Aug 11, 2011 · First of all, it is not your duty to prove your innocence. It is the prosecutor's burden to prove your guilt. If you are charged with embezzlement and have no money, you will probably be eligible for court-appointed counsel. Don't admit anything to anybody or discuss the matter with police or anybody else without having an attorney involved.

Do you need a lawyer if you're innocent?

If you have been arrested and charged with a crime, call an attorney immediately. ... Innocent people are arrested all the time, and they are often convicted. To make sure that you are not convicted of a crime you did not commit, you need to have legal representation that will advocate effectively on your behalf.Dec 17, 2019

How do you prove you are innocent?

Witness testimony can be used to prove innocence in two ways. First, if someone else committed the crime of which you are accused, a witness may be able to testify to seeing a person fitting a different description at the scene. Second, witness testimony can be used to establish an alibi.Apr 8, 2021

How can I prove my innocence when falsely accused?

Collect Evidence The only way to prove your innocence is by gathering evidence to counter these false allegations. You need to provide an alibi and give your lawyers' witnesses' names that may be able to prove your innocence, so they can interview them.Sep 8, 2021

Do you have to prove your innocence?

As discussed, you do not have to prove your innocence. In fact, under the law, you are innocent until you are proven guilty beyond a reasonable doubt. So, the most productive thing you can do to help your case is to provide all possible evidence to weaken the prosecutor's case against you.

How do you defend yourself against accusations?

How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...

What happens if you are falsely accused?

These can include attorney fees and loss of salary if the false claim caused you to lose your job. A defamation of character lawsuit over libel or slander also seeks to compensate the plaintiff for damages regarding humiliation, embarrassment, and mental anguish after being falsely accused of a crime.

How does a guilty person react when accused?

A guilty person will tends to have more emotionally-charged dialogue with you. "Someone harboring a guilty conscience may be quick to jump to extreme anger when questioned," therapist Dana Koonce, MA, LMFT, tells Bustle. "Because they are perceiving you as a 'threat,' fight or flight is activated.Dec 13, 2018

What is it called when someone accuses you of something they are doing?

Gaslighters — people who try to control others through manipulation — will often accuse you of behaviors that they are engaged in themselves. This is a classic manipulation tactic.Feb 13, 2017

What to do if you are falsely accused of a crime?

Here are some important things you should keep in mind if you are falsely accused of a crime: Do not resist arrest – You will have your day in court, but if you are being arrested it is not the time to argue about your case. Resisting arrest is a separate crime. You are frightened but you need to keep calm, listen to what ...

What to do if your rights are violated?

If your rights were violated, you will have your chance later to bring that before the court. Request an attorney – Asking an officer if he “thinks you need an attorney” is not the same as invoking your right to counsel. Specifically state, “I want an attorney.

Why is the justice system important?

The justice system exists to protect the rights of the people and to keep our community safe. The goal is to ensure that the laws are applied fairly and evenly and that every person who has been accused of a crime is guaranteed a fair trial. It has been said that it is better for a guilty person to go free than for an innocent person ...

What does it mean to have your day in court?

It means that they will have their day in court which is guaranteed by the Constitution and our laws. But just because we have an excellent legal system that is set up to protect the innocent, mistakes do happen.

What does it mean to be charged with a crime?

Being charged with a crime merely requires a finding that there is “probable cause” that you committed the crime. This is a much lower degree of certainty. Circumstantial evidence might make it look like you did something wrong, even though you did not. Not every case involves eyewitnesses.

Do police investigate alleged crimes?

The police investigate many alleged crimes and do a good job of filtering out the cases that have no proof or appear to be without merit. But our state allows private individuals to also seek criminal charges by going directly before a magistrate judge.

Is resisting arrest a crime?

Resisting arrest is a separate crime. You are frightened but you need to keep calm, listen to what the officers are saying to you, and do not resist. Try to be polite and respectful. Once you are at the police station, you can request your attorney.

What to say when arrested in court?

During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.

What to say when accusing someone of a crime?

Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.

What is plea deal?

A plea deal is where you are asked to plead guilty in exchange to some leniency. Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances.

Is false accusation a crime?

Being that false accusation is a crime, you can scare off the accuser. We must make complainant know they will be charged if the accusations are false. We then go ahead and line up the charges they are risking to face. If at all they have no chance of winning the case, they will withdraw their charges.

Why do innocent people want to work with police?

Most innocent people want to work with law enforcement in a cooperative manner to show their innocence. They may, however, say the wrong thing when talking to the police. They might feel threatened by the police, or by an opposing attorney.

What to do if you are arrested and accused of a crime?

If you are arrested and being accused of a crime, do not admit to anything. Even if you are just being questioned, give your name and address if asked. But do not answer any other questions. It is your right to remain silent, and you can state that right. At any time, you can ask to speak to an attorney.

What to do when you are falsely accused of something?

If you are falsely accused of something, remain calm and avoid displaying any type of emotional response. An emotional response that displays fear, denial, or anger could be misinterpreted as evidence of guilt.

Do people who are arrested believe in the system?

People who are arrested, even those who are wrongfully arrested, might believe that the legal “system” always works a certain way with everyone involved doing their jobs according to the law. This may not always be the case.

What is forensic science?

Forensic science is the application of scientific study as part of criminal investigations. It is an area where many different methods can be used to try to connect suspects with crime scenes or victims. But forensic methods are not always carefully or properly carried out. The results can be erroneous.

Can an inexperienced attorney defend you?

You may be defended by an inexperienced or incompetent attorney. If you are inadequately represented and your attorney makes obvious mistakes during your trial, it can lead to you being wrongfully convicted. (If this does happen to you, you can appeal your conviction and raise this issue at that time.)

What is the role of informants in the police?

Informants are people, usually on the streets, who give law enforcement officials information about crimes and possible criminal activity. Many of these people are known to police because they are former criminals themselves.

How to not make mistakes when accused of a crime?

Stay calm. You probably won’t know that you’ve been accused of a crime 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.

What happens if you are wrongly convicted of a crime?

If you were wrongly convicted of a crime and your conviction has been overturned, you may want to petition a court for a certificate of innocence. A certificate of innocence is a court order conclusively stating that you did not commit the crime for which you were convicted.

What is false identification?

False identifications occur when an eyewitness wrongly identifies a person as being the one that committed a crime. Eyewitness testimony can be incredibly persuasive to a judge or jury but DNA has proven time and again that their identifications and testimony are often inaccurate.

What to do if you are arrested?

If you are arrested, then you can request that a public defender be provided. But even if you are not arrested, you should speak to a lawyer once you have found out that you have been accused of a crime. A lawyer can help assess your case, e.g., the likelihood that the state has enough evidence to charge you.

How long do you have to appeal a conviction?

In some states, you are required to file a notice of appeal within ten days of your conviction.

What to do if you are charged with a crime?

Be prepared to be arrested. If the state has already charged you with a crime, then presenting evidence to them will do little good. They are already confident of their case against you. Nevertheless, all the evidence you have gathered—your alibi evidence, witnesses, etc.—will be useful at trial.

Why do police use polygraphs?

Some police departments use polygraph exams as part of their investigation. They may tell you that the polygraph exam is a way to clear your name. Instead, the polygraph exam is often used as a tool to extract a confession. After you take the exam, you may be told that you failed and that you should confess.