What to Do If You’re Wrongfully Accused of a Crime in Tennessee
Being wrongfully accused of a crime is a nightmare scenario. One minute, you’re living your life; the next, you’re facing charges for something you didn’t do. It’s frustrating, terrifying, and unfair. It’s also far more common than you might think.
Arrests in Tennessee: Troubling trends
Tennessee is serious about crime. According to the Vera Institute of Justice, the number of people behind bars in Tennessee has grown by 648% since 1970. People are sent to local jails 402,747 times per year in the state.
However, despite the crackdown on crime, Tennessee isn’t actually doing a better job of arresting the guilty than other states are. Since 1989, there have only been 38 state exonerations in Tennessee. Compare that with Michigan, which had 176 in the same period.
The main difference? Tennessee’s Innocence Project is relatively new, while other states’ projects have been in operation for decades.
If you find yourself facing charges for something you didn’t do, it’s easy to despair. However, what you do next can make a major difference in your outcome. Here’s how to protect yourself and build a strong defense if you’ve been falsely accused of a crime in Tennessee.
Stay calm and don’t talk
Your first instinct might be to explain yourself to the police or anyone who will listen. Don’t. Anything you say can be twisted and used against you. Even if you’re innocent, law enforcement is looking for evidence to build a case. They’re not looking to clear your name.
Instead, exercise your right to remain silent and request a criminal defense lawyer immediately. That right to remain silent is one of the most important protections you have available. Don’t let stress or fear make you break it.
Hire an experienced criminal defense attorney
The sooner you get a lawyer, the better. As soon as you’re allowed, make a call to an experienced criminal defense attorney. Your lawyer is your legal warrior – someone who understands Tennessee law, knows how to navigate the legal system, and is ready to fight to protect your rights. Make no mistake, time is of the essence here.
Your attorney can help you avoid missteps, handle police questioning, and make sure your rights are protected. Don’t rely on the idea that the truth will set you free. You need an advocate who will fight for you.
Gather and preserve evidence
The strength of your defense depends on the evidence. The problem is that a lot of evidence disappears if you don’t collect it right away. With your lawyer, you can start gathering anything that proves your innocence, like:
- Witness statements from people who can verify your whereabouts or actions.
- Texts, emails, or social media messages that contradict the accusations or show a timeline different from what law enforcement claims.
- Surveillance footage that may support your case, including traffic cameras and ATM cameras.
- Receipts, GPS data, or phone records showing where you were at the time of the alleged crime.
Your attorney can help you identify what’s relevant and how to obtain additional evidence that supports your defense.
Understand the legal process
Knowing how the legal process plays out can help you understand what to expect and set at least some of your anxiety at ease. If you’re facing criminal charges in Tennessee, here’s a general outline of what to expect:
- Investigation and arrest– Here, law enforcement gathers evidence, and if they believe they have probable cause, they make an arrest. After your arrest, you have the right to communicate with an attorney and arrange bail if eligible. Call an attorney to help you with the rest of the process.
- Arraignment– You appear in court, hear the charges against you, and enter a plea. Your attorney should help you understand your plea options and the potential consequences of each one.
- Pretrial motions– Your attorney may challenge evidence, request a dismissal, or negotiate with the prosecution, depending on your case specifics.
- Trial or plea agreement– Depending on the strength of your case, your lawyer will either push for a dismissal, work to negotiate a favorable deal, or fight for you in court.
- Verdict and sentencing– If your case goes to trial, a judge or jury will decide the outcome.
Common defense strategies for wrongful accusations
Your defense will depend on the details of your case, but common strategies for people facing wrongful accusations in Tennessee include the following:
- Mistaken identity – Proving you were not at the scene of the crime
- Alibi defense– Showing evidence that places you elsewhere
- False allegations– Demonstrating that the accuser has a motive to lie
- Lack of evidence– Highlighting gaps in the prosecution’s case
Your lawyer will tailor your defense to the specifics of your situation, with the goal of dismantling the prosecution’s case piece by piece.
Avoid making the situation worse
When you’re falsely accused, everything you say or do matters. Avoid these common mistakes:
- Don’t contact the accuser – It might seem like a good idea to clear things up, but this can backfire.
- Don’t post about your case on social media– Anything you say online can be used against you.
- Don’t ignore court dates– Missing hearings can cause the court to enter a bench warrant for your arrest, which can make your situation worse.
- Don’t lie to your attorney– This can prevent them from defending you effectively.
Take action now
A wrongful accusation can derail your life, but the right steps can help you regain control. If you’re facing false charges in Tennessee, don’t wait. Contact an experienced criminal defense lawyer immediately to protect your future and start building your defense.
The legal system isn’t always fair, but with a legal warrior who is willing to stand up for you, it’s possible to fight back.
Attorney Rodger Waynick helps clients throughout Middle Tennessee with criminal defense matters, including those involving DUI defense and drug crimes. Contact his offices in Nashville or Dickson today for a consultation.