Being wrongfully accused of a crime can be a traumatic and overwhelming experience. A wrongful accusation can have a significant impact on your personal and professional life.
If you have been wrongfully accused of a crime in Australia, the following information can help you to navigate the legal system, protect your rights, and clear your name.
How could you be wrongfully accused of a crime?
There are a few instances where you might be wrongfully accused of a crime:
- Where someone purposely accuses you of a crime when you did nothing wrong.
- Where someone makes a mistake and thinks you did something wrong (e.g. you borrowed a car from an elderly neighbour, but they forget and think that it is stolen).
- Where the police find some misleading or coincidental evidence that suggests you did something wrong.
What to do if you have been wrongfully accused
The first thing you should do if you have been wrongfully accused of a crime is talk to a criminal defence lawyer. A lawyer can guide you on what to do next, help you understand the charges against you, represent you in any interviews or court processes, and protect your rights throughout the legal process.
It’s very important to be honest and cooperative with your lawyer so that they can properly advise you and build a strong defence strategy. Let your lawyer know about any contact you’ve had with the police or the accused, and give your lawyer any evidence that you have.
Gathering evidence
If you are wrongfully accused of a crime, your lawyer will help prepare your written version of events (i.e. everything that you remember about what happened at the time the alleged crime apparently took place) and provide guidance on gathering evidence that supports your defence.
Evidence that you may be able to find includes:
- Hard copies or digital copies of photographs or videos that you or someone you know has.
- Diary entries.
- Hard copies or digital copies of receipts, letters, emails, or invitations.
- Screenshots of text messages, of phone call logs, or of messages or posts on social media.
- Any other relevant documents.
When gathering evidence, remember:
- Do not delete the originals. For example, keep any hard copies of signed documents or the memory card/phone that has any relevant photographs.
- Do not destroy, tamper with or backdate any evidence.
- Do not ask someone to lie for you.
- Do not contact the accuser. If this is necessary, your lawyer can speak to the police and/or the person’s lawyer.
- Do not contact other witnesses. It is best for your lawyer to contact other witnesses to ask for witness statements and other evidence.
What to do if the police contact you
The police may try to talk to you, including at work, home, or the police station. It is crucial to remain calm and cooperate with the police, even if you feel frustrated or angry. You can get in trouble just by misbehaving in your communication with the police.
When you are interacting with the police, remember:
- Always call your lawyer or ask the police to call your lawyer for you. Even if your lawyer cannot be there in person, they can help you over the phone.
- You do not have to answer all of their questions. In Australia, you have the right to remain silent, and what questions you must answer depends on where you are located in Australia. For example, in New South Wales, you typically have to give your name and full address, and proof of your identity, if asked by the police.
- If the police want to search you or your vehicle, tell them clearly that you do not consent to their search, but cooperate with what they ask you to do. Also, record what happened (including that you said you did not consent) as soon as you can afterwards (e.g. make a note on your phone). The police require a legal reason or your voluntary consent to perform a search, and if you make it clear that you do not consent, that means they will need to justify their search if you challenge it later.
- Don’t submit to any testing without consulting with a lawyer first (even if you believe the evidence will show you are not guilty), unless the police say you must. If they do, tell them clearly that you do not consent, but cooperate with what they ask you to do. As above, write down everything that happens as soon as you can (including that you said you did not consent).
Do you have to attend court if you are wrongfully accused?
It is important that you attend all court appearances as required, even if you didn’t commit a crime. If you are charged with a crime, you will receive a Court Attendance Notice (known as a “CAN”), which will tell you which court you need to attend and when. If you don’t turn up to court, this can harm your case and the police may be given the power to arrest you.
Can you be compensated for a wrongful accusation?
If you are wrongfully accused of a crime in Australia, depending on the circumstances, you might be able to have your legal costs reimbursed. In certain cases, you may be able to:
- Lodge a professional misconduct claim against government officials or professionals involved in your investigation or trial.
- Sue the police, accuser or government.
- Apply for an ex-gratia payment from the relevant government, but only if you are wrongfully convicted and acquitted. The availability of these payments depends on a lot of factors, including where in Australia you are located. These payments are extremely rare.
It is important to discuss these options with a defence lawyer from the very beginning. Having good notes of all your interactions with the police will help your lawyer to determine whether any of the above options are available.
Key takeaways
Being wrongfully accused of a crime is a challenging and stressful experience. However, by taking the right steps and working with an experienced criminal defence lawyer, you can protect your rights and clear your name.
Nyman Gibson Miralis provides expert advice and representation in cases of wrongful accusation.
Contact us if you require assistance.
