Defending Yourself Against a False Allegation: FAQ’s
Have you been falsely accused and do not know where to start with defending your case? Our lawyers have answered some frequently asked questions concerning false allegations, and how we can bring our expertise to your defence.
Our all female legal team specialise in defending men and women accused of serious sexual offences and domestic violence, crimes which can often intertwine. We take a sympathetic yet pragmatic and robust approach to defending our clients.
I have been falsely accused; will I be arrested?
If a false criminal allegation has been made to the police, then they have a duty to investigate this, one of the lines of investigation will be to interview you, to obtain your response to the allegation and any defence you have to the alleged offence. However, this not necessarily mean that you will be arrested.
There are two ways police interviews
can be conducted; on a voluntary basis and under arrest. It is advised you seek legal representation for any police interview, regardless of whether it is a voluntary interview, or you are under arrest.
At Eventum Legal we endeavour in all situations to make sure our client is as prepared as possible for their police interview. Therefore, the earlier you instruct us the better. We will hold consultations with you, obtain as much information from the police as possible and ensure you are in the strongest position when you attend the station for your interview.
My partner has threatened to go to the police what will happen?
If you partner has threatened to go to the police to make a false allegation against you it is important for you to safeguard your position. We advise you seek legal advice as soon as possible and have a record of your concerns made with a lawyer. This way, if your partner does go to the police, we can refer to the record made, and that you had been threatened of police action by them.
At Eventum Legal we are often approached by client’s who are worried about false allegations being made to their police by their partner. There are many reasons for false allegations which arise from a relationship such as the breakdown of the marriage or relationship, childcare arrangements, financial reasons, revenge or to bolster family court proceedings.
If your partner does make a false allegation to the police, then you will be interviewed in respect of it as part of the investigation into the alleged offence. Raising any motive and/or defence must be done carefully to avoid your account being twisted and used against you.
I have been arrested what happens next?
If you have been arrested for a false allegation then you are likely to be released on police bail, unless it is deemed to serious, and you are a risk to the public.
Being released on bail means that the investigation is going to continue, and you will be required to answer back at the police station usually every three months. Each time that you attend the police station your bail can be extended by the police. The total period your bail can be extended by police is up to nine months, after the nine point mark the police are required to obtain consent from the magistrates court in order extend your bail further.
We typically see long periods of police bail where forensic examinations of electronic devices are required such as mobile phones. This is due to a nationwide backlog with the digital forensic units within the police. It can be very frustrating but having a pro-active legal team can ease your anxiety during this difficult time.
At Eventum Legal we offer pre-charge representation
at a fixed cost. This means we are here for you throughout the duration of the time you under police investigation. We take numerous steps during this period to pro-actively build your defence, advise you and liaise with the police and Crown Prosecution Service where necessary with the aim to avoid you being charged with a criminal offence. Our expert approach is tailored to each client's specific circumstances and therefore, we spend the time to get to know our clients and their circumstances to ensure the best outcome is achieved.
Will I be interviewed for a false allegation?
Yes, if an allegation is made against you the police will want to interview you as a line of enquiry. Even where an allegation is false, the police do not know this, and they have a duty to investigate.
Being represented during the police investigation for a false allegation is important, you may have material which proves your innocence, we can help you to present that in the strongest and most effective way.
I am being accused of an offence but there is no evidence, what should I do?
People often misunderstand evidence and believe that there has to be something tangible in order to prove that a person has committed an offence. For example, in an allegation of rape
or sexual assault
people will think DNA, medical injuries, restraint marks etc are required, but this is really quite rare in a sexual offence case as they are usually committed by a person known to the accuser.
For many years the courts have regarded a person’s word as evidence, this goes back to before the advancements of forensic science, and a person’s word remains to be considered evidence in criminal cases to this day. Therefore, do not be fooled by thinking that you cannot be falsely accused of a sexual offence or convicted just because it is one word against another.
I have been stopped from seeing my children due to a false allegation, what can I Do?
One of the most common and devastating consequences of false allegations whether they be of a violent or sexual nature, is the measures that can be put in place to keep you from your children. A person can be prevented from their usual family life and involvement with their children by way of bail conditions or social services. Sadly, it can be a motive of one parent to ostracise the other from their children, and knowing that a false allegation would allow them to succeed in this pushes them to proceed and report an allegation to the police.
Let us discuss this restriction with you, it may be that we can challenge the decision if it is related to police bail, or we can liaise with social services and advise you on the best steps to take to remain involved in your child’s life.
Will a false allegation get to court?
Yes, false allegations can get to court. The best chance you give yourself in preventing court proceedings is by instructed a specialist lawyer to pro-actively build your defence at the early stage to try to avoid criminal charges. Discussing your case with a member of our team will provide you with a proposed strategy whereby you will be defended, cared for and reassured that you have a team fighting your corner.
I have been convicted of a criminal offence but I am innocent, can I appeal?
Unfortunately, convictions happen to innocent people. Seeking an opinion on appealing your conviction may be beneficial to you, having experienced lawyers review your case, and the process of the trial may enable you to challenge your conviction.
Our team work with some of the country’s leading barristers who excel in examining cases to identify evidential or procedural errors, leading to successful appeal applications. We can guide you through the appeal process during our free initial consultation over the phone.
How Can We Help You?
It is important to know that not one case is the same, therefore seeking general advice in respect of your circumstances via friends, family or the internet is not advised. It is important to speak to a lawyer who specialises in the area of law applicable to you.
At Eventum Legal we spend the time with you to listen to your case, background and circumstances of the false allegations made against you, this initial discussion is free of charge. This way we can tailor a strategy unique to you ensuring that every detail is considered and dealt with properly, you can then decide if we are the right people for you and your future.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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