False Allegations Can Devastate a Person’s Life
True trial lawyers will not shy away from fighting to protect and defend a client in court who is falsely accused. A lawyer with a track record of winning in court stands the best chance of persuading the prosecutor to drop charges.
The White County Sheriff’s Department recently acknowledged the travesty of false allegations of domestic violence. Despite pointing out that 25% of women have been affected by domestic violence, Detective Chris Isom with the White County Sheriff Department pointed out that false allegations drain the limited resources of law enforcement. “But when evidence proves the allegations to be false, we are then faced with investigating potential crimes of perjury and making false claims, which uses even more resources,” Detective Isom stated.
Unfortunately, Detective Isom, although on the right track, missed the most severe consequence of false allegations of domestic violence (and criminal sexual conduct). The most serious impact of false claims is the possibility that innocent defendants are wrongfully convicted. When an innocent person is charged based upon false accusations, the defendant risks loss of reputation, loss of employment, damage to family relations (especially with children), loss of assets, and loss of liberty. Because allegations of domestic violence can cause such devastating consequences, some women will make a false allegation to gain an advantage in a divorce or custody proceedings. Men stand to lose custody or visitation based upon the mere assertion of spousal abuse.
Many False Allegation Cases Involve Court-Appointed or Inexperienced Attorneys
Court-appointed attorneys represent the vast majority of criminal defendants. Some court-appointed lawyers are decent attorneys, but unfortunately, far too many are overburdened, underpaid, and have a lack of trial experience. Many times, court-appointed lawyers will advise their clients to plead because, in their opinion, a conviction is imminent, because the risks of a trial are too significant, or because they are afraid to represent a defendant in a jury trial.
Most retained lawyers also tend to lean towards advising their clients to plead guilty, as opposed to fighting for their clients. These attorneys will tell innocent clients to plead guilty or no contest just to get a case resolved and avoid trial. Manipulating a defendant into a wrongful conviction is a mockery of the criminal justice system and the United States Constitution. The best defense to false allegations is a fearless, zealous, and experienced criminal defense lawyer who is not afraid to do whatever is necessary to win.
Dismissals and the best plea bargains are offered to defense lawyers who are a credible threat to the prosecution’s case.
Many court-appointed and even many retained lawyers have no real credibility when they threaten to take a case to trial or express an intention to fight a claim because the prosecutors know their reputation for pleading their clients. When a real trial lawyer represents a defendant, and there is a credible threat of an aggressive and zealous defense, unexpected, innovative, and favorable resolutions become more probable. If a prosecutor knows a defense lawyer is likely to fight a case, he or she will be more willing to agree to a favorable resolution or dismiss a case.
An Experienced and Effective Criminal Defense Lawyer Can Make the Difference
Whether the charge is retail fraud, OWI/DUI, domestic violence, criminal sexual conduct, assault and battery, firearms charges, or any other felony or misdemeanor charge, great things happen with a lawyer who cares and is not afraid to win. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully defending clients in state and federal courts throughout Michigan. We have a unique team approach that routinely results in extraordinary outcomes for clients.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.