Advice On What To Do If You Are Falsely Accused Of A Crime

There are very few situations in life that are as devastating as being accused of a crime you did not commit. Your current and future reputation and freedom are at stake and should never be taken lightly!

If you find yourself in this situation, there are steps you should take and what you need to know in order to proceed forward. Failure to take proper action will lead to a very bad outcome including prison time, even if you are innocent.

Here are some useful tips that you should follow and how to deal with a false accusation;

First off, you should fully understand what charges are being brought against you. It is crucial that you defend yourself against charges that have been brought against you falsely. Once you understand what the charges are and have taken the steps to get legal representation, you will be in a much better position. If you do not have an attorney, at the moment, go online and read legal articles to fully comprehend the charges being filed against you.

You should hire a solicitor as quickly as possible or if you already have a solicitor, present them with all your questions and concerns. You must know your rights and how the legal system works. Your solicitor should explain what charges are being brought against you and what steps will be taken by the attorney and his team.

The following are important tips to help you get the best possible outcome in securing results that will work in your favor:

This is critical – you must completely understand the consequences of the accusations being brought against you, even if you are innocent. Never, disregard the seriousness of the charges because you could still be convicted of the crime. Everything you do at this stage will have an effect on the final outcome from these false charges. Failing to take the proper steps will increase the chances of a conviction and the legal consequences in the future.

Again, get legal representation as quickly as possible and make sure you understand the legal fees and are able to pay. In most cases, you will have to provide a retainer for your solicitor and he or she will go over when additional payments will be made. If accusations of a crime, such as rape or sexual abuse, will lead to a greater risk of a conviction. You must have a strong defense case in order to prove your innocence. Therefore, you must have an solicitor who is experienced in cases such as yours. A good defense attorney will cost more but this is your life you are talking about! Most solicitors will work with you on the financial side. If you do not have a great deal of money, there are many highly qualified attorneys that a few times a year take on pro-bono cases in which they do not charge for their services. It’s worth looking into.

You will need reliable witnesses and evidence that might be available. Your defense team will gather evidence, speak with witnesses and put together your case. Therefore, be sure and give as much information as you possibly have to your defense team.

If you have someone with comprehensive information, be sure and give your attorney their name so he or she can contact them. Be sure and list any and all witnesses of the alleged crime along with character witnesses that can speak in your defense.

False Accusation Of Rape Or Sex Crimes

These cases are taken very seriously and the outcome could be terrible if you are found guilty. Sexual assault, child molestation, rape, sodomy of a minor, child pornography, and indecent exposure are some actions that fall under this category.

Rape is the most common and there are a number of men that have been accused of this crime and know how difficult it is to deal with even though they are innocent. Keep in mind, there are cases in which women have been victims of rape but there are other cases that are false. There are women who accuse a man of rape but in fact, it never happened. There are women who will go to any length to get back at an ex-boyfriend or ex-husband just for revenge. In other cases, she might make up a story to cover her own misconduct or embarrassment. In other cases, alcohol is involved which can alter someone’s memory of the events and lead to misunderstandings. In these cases, it’s really important that an innocent man is able to clear his name. In order to clear your name, follow these tips which your solicitor will also advise you on:

Do Not Let Your Emotions Get Out Of Control

It seems only natural if someone is falsely accused of a crime to confront the accuser. This will only lead to a great deal of stress and enormous levels of anger that can quickly get out of control. If you are in a confrontation, you must keep your temper under control and think clearly. Better yet, just stay away from a confrontation!

Say Away From Your Accuser

The best advice you will be given is to just stay away from your accuser. Confrontations can lead to bigger issues and could lead to losing your case. Just stay away from them. Even if you think you could talk them into dropping the charges, don’t count on it! This can lead to even more problems if she goes before the court with an accusation that you tried to coheres her. If you must meet with or contact your accuser, make sure you have a third party with you. Use text messages or emails that can be saved vs making a phone call. Phone calls can be twisted around so don’t do it.

Your Solicitor Must Be Experienced In Criminal Law

Rape cases are very serious charges, you must have a really good attorney to help you get through this. He or she will be experienced in these cases and will give you valuable advice and will guide you through the entire process. They will put together a list of witnesses and go over the details on the best way to represent you and bring it before the court.

What Is The Motivation Behind The Accusation?

The chances are good that there is a motivation behind accusations if you have been falsely accused of rape. Sit down with your attorney to find out what the motivation might be. A former spouse or partner might be trying to destroy your image out of jealousy or revenge for the breakup. The whole incident could have been consensual sex but if a drug or alcohol was present than clear thinking was thrown out the window. These are situations your attorney will bring before the court in order to clear your name!

In Conclusion

Being falsely accused of a crime is very detrimental and difficult to get through. Follow the advice of counsel and try and keep as calm as possible. Never, ever try to represent yourself in a court of law. This old adage is very true:

If you hire yourself as your lawyer, you have a fool for a lawyer!

This is a very stressful time and you need the best backing to help you get an acquittal of the charges. Hire solicitors that know what they are doing and do what they tell you to do.

 

Why DIY Wills Might Not Be The Best Approach

Wills are important documents for someone to ensure their family is protected and provided for or if they are planning to leave their assets to an organization or another person.

Many people are under the impression that putting together a DIY Will is an easy way to get it done.

Not Setting Up A Will

Let’s face it, if you do not set up a will stating your intent for your assets, savings, home, etc, upon your death things can go really wrong.  It could lead to disagreements and a long battle after your death.  Your family could go through a great deal of added stress during this very difficult time as well.  If you are not married but intend to take care of an unmarried partner, friends or other relations, without a will they might not get the help you hoped to provide them.

Statistics have shown that two-thirds of adults in the UK do not have wills and the reason is usually due to the cost of making up a will.  Lawyers will charge anywhere from £100 and £300 for a very simple will and can go up as much as £600 for a more complex will.

DIY Wills

Due to the costs of preparing a will, many people are opting for DIY wills which can be purchased at shops or downloaded from the internet.  DIY will usually only cost £20 which makes them very attractive alternatives.

The problem with these wills, if you do not seek legal advice, things can go wrong very quickly.  Your DIY Will could be challenged for a number of reasons resulting in a court battle, added taxes, and legal bills that will be incurred.

According to statistics from the CLS, approximately 38,000 families have gone through difficult, prolonged disputes created by DIY wills.  If you are not aware, 10% of the value of your estate can lead to additional fees caused by poorly drafted, ineffective wills.  The average estate in the UK is £160,000 and an additional £16,000 will be taken for unnecessary fees.

Simple Mirror Wills Are Not So Simple

Various lawyers have pointed out that in some DIY wills without seeking legal counsel might be alright in some situations such as a couple leaving each other everything.  But there can be complications if the will was not witnessed properly, clerical errors exist, or the document was not signed.  Problems can also arise when there have been changes made but the will has not reflected these changes.

Many people don’t realize that a will can automatically be revoked if you get married afterward unless stipulations were in place for marrying this particular person before hand.  Also, many people do not realize that divorce does not revoke a will.  Your divorced spouse might be seen as not existing,  leading to unintentional problems.

Wills Dealing With Complex Situations

There are cases in which a DIY will has been setup but the situation is more complex than they bargained on.  If you were to make up a will in the UK to take care of your assets then turn around and set up another will in a different country, the second will revokes the first one unless it has been stated otherwise in the second will.

This is where it’s a good idea to have legal advice so lawyers can agree to a mutual outcome.  If someone has assets in another country, they need to understand how estates are dealt with in that  country.  France, for example, has a “forced heirship” which requires a fixed percentage of assets must pass to the spouse, children, or other relatives.

Keep in mind, foreign law can override what is contained in your English will, if  you have foreign connections. This means that assets abroad may not be distributed as you might have intended.  Getting legal advice, before hand, could avoid many issues.

Inheritance Taxes

This is an area that can be very complicated for the average person putting together a DIY will.  Known as the Nil Rate Band, each individual has an allowance of £325,000.  If all your assets and property goes to one person, they will inherit your unused allowance as well.  As of AprilS 2017, the government has introduced an additional Nil Rate Band which addresses the person’s home.  As of 2021, this might be worth an extra £175,000 per person or £1 million for couples, if the family  home is also included.  Again, getting legal advice, beforehand, is the best way to address inheritance taxes.

Digital Assets

Digital assets can include PayPal, eBay accounts, or Bitcoins along with intellectual properties such as blogs.  This can be very complicated and beyond your legal understanding.  All of these fall under your estate and will pass into your will.  Assets used under a license, such as an iTunes account, are not considered assets.  Some accounts, such as an Apple account, will be deleted once they are informed that you have died.

Other Challenges Down The Road

Besides contesting challenges on technical grounds, if an unhappy relative thinks you should have provided for them, they could file a claim under the Inheritance Act of 1975 which is a provision for family members and dependents.  Many of the claims cannot be avoided but if you have an experienced lawyer he or she will be able to provide you with advice to deter these issues.

One avenue you might want to consider would be leaving a confidential letter regarding your wishes to the executor of your estate.  This letter should state your reasons why a particular family member has been left out of the will.  Although it might not be binding, it will provide the court with your wishes when they are addressing such claims.

Filing a Clinical Negligence claim

Health professionals work in tough atmospheres, and they work to the best of their abilities to provide proper care. But sometimes the care you receive may be below expected standards, and such negligence can make an already unhealthy condition worse.

If you are thinking about filing a Clinical Negligence claim and are confused about the process, uncertain of where to start, or unsure of whether to go through with the claim at all, you’ll find this article useful. We will address the 5 main questions to consider prior to beginning a Clinical Negligence case.
If necessary, are you ready to go to Court?

Many Clinical Negligence claims get settled out of court. Studies show that less than 5% of cases end up going to a full Court trial.

Whether you believe your case will go to Court or be settled before the trial begins, it’s worthwhile to prepare yourself for the trial mentally. Govern your behavior and believe everything that you say about your case. How the judge perceives you is of paramount importance.

Question whether you are ready for a Court appearance. Would you be able to provide witness evidence after swearing an oath? Can you endure standing in front of a judge and answer all his questions easily? If the answers to those questions are “no”, then you shouldn’t begin the claim yet. You should, however, inform your solicitor about this and adhere to their recommendations.
Are you prepared to address sensitive medical treatment questions?

Similar to the above, this query refers to your personal levels of comfort and what you are and aren’t able to do.

To determine what the Defendant will ask you, your solicitor will play devil’s advocate. As such, expect to be asked tough questions, ones that may make you feel like the solicitor has turned against you. This is not the case – the solicitor does this to prepare you for the Defendant’s arguments so you can react and respond accordingly. This way, no question will catch you off-guard.

For instance, if your solicitor believes the Defendant will state that you should have addressed your treatment concerns to your doctor earlier, you can expect to be asked:

  • “why did you wait half a year to address your issues?”
  • “Why did you keep letting Dr. X treat you if you were mistrustful of him?”
  • “Why didn’t you obtain a second opinion?”
  • “Why didn’t you act prior to X, Y, or Z occurring?”

Be making you prepared for such harsh questions, they can easily dismantle the Defendant’s argument.

Have you totally recovered?
It is prudent to be completely recovered prior to starting a claim since it will make your injury simpler to assess (i.e. put a financial figure on your delayed recovery/injury, etc.). Be mindful that that bringing a claim can be quite stressful, and if you think such stress will be detrimental to your health, it is recommended that you wait until your health improves to the point where you can get back on the case.

You have a few years to bring a claim; the deadline starts from the time you acknowledge negligence. This is known as Date of Knowledge, and it allows you to get healthier prior to beginning a claim.

Even though it’s not recommended to wait until the eleventh hour of the three-year deadline, it is smart to ensure you have completely recovered, or recover as much as you can, prior to bringing a claim. If you intend to use a solicitor to bring your claim for Clinical Negligence, then it would be wise to speak with them at least half a year prior to the end of the deadline.

Are you bringing a claim on time?
To reintegrate what was mentioned earlier, ensure you bring a claim before the deadline ends. You have a three-year window that starts when you realize you had endured negligence. The time will be barred if you attempt to bring a claim after the deadline expires. In rare situations, a Court might permit the case past the three-year window.

What are my choices for funding?
Many claims for Clinical Negligence can be taken on by a solicitor with an agreement called “No Win No Fee”. This arrangement allows the solicitor to receive up to 25% of your compensation to cover legal fees. This percentage can be negotiated if your solicitor is open to adjusting it.

With a “No Win No Fee Agreement”, you don’t pay any legal fees if you lose in court. However, you may still be responsible for disbursements that were paid by your solicitor on your behalf. Disbursements consist of fees to pay for the medical expert’s contribution, your medical records, Court costs, and the like. Your solicitor may also acquire insurance to keep you protected from having to pay such disbursements, should your case be unsuccessful.

There are additional funding options available; your claim could be funded with pre-existing legal coverage on your car insurance or house & contents insurance. It is worth reviewing your insurance policies to determine if you have this type of coverage. There are advantages to paying for claims using pre-existing insurance policies since several insurance providers will let you keep every cent of your compensation. However, you might not have the benefit of selecting your own solicitor and be subjected to the one selected by the insurance company. It isn’t very likely that you’ll meet them in person and instead communicate with them online or by phone.

In Closing
Bringing a Clinical Negligence claim is a lengthy, tedious process and may test your patience. However, if you consider the process, advise a solicitor, and listen to their recommendations, the process will be much easier.