What Are the Legal Rights of the Wrongfully Accused in Maryland?

An accusation of a criminal act should be taken seriously. While we all want to believe in the integrity of someone who comes forward with such accusations, occasionally, an innocent person gets accused of something they did not do. Such an allegation could have a huge fallout, from losing your job and hurting your career prospects to adversely affecting your relationships and your reputation. If you’re wrongfully accused of a crime, what can you do?

Luckily, you have rights that are protected federally and in the state of Maryland. An experienced criminal defense attorney can help you exercise those rights. If you are falsely accused of a crime, you need to get in contact with an attorney before you do anything else. Police may say cooperation will prove your innocence, but remember that anything you say can and will be used against you in a court of law.

Your rights

In the United States, anyone who is accused of a crime has a right to a speedy and fair trial and is innocent until proven guilty beyond a reasonable doubt. Your Fifth Amendment rights also help to ensure you receive a fair trial by protecting you from self-incrimination. The Fifth Amendment allows you to ask for an attorney before being questioned by police. You may also have the attorney present with you during the interview.

Maryland has also enshrined the right to a fair trial in Article 20 of the state constitution. Article 21 of the Maryland state constitution helps ensure a fair trial by stating that you have a right to be informed of the accusation against you, as well as the right to receive a copy of the charge against you in a timely manner so you can prepare a defense. It also ensures your right to counsel and gives you the right to cross-examine your accuser in court.

The next steps

1. Contact a criminal defense attorney

Your criminal defense attorney will be the middleman (or woman) keeping you from incriminating yourself. Anyone who wants to talk to you about the false allegations can speak to your attorney instead. An attorney is especially necessary if the wrongful accusation against you ends up in court. Your attorney is there to put together a case and advocate for you in front of a judge and jury.

2. Don’t talk about the allegations

You may feel tempted to tell people in your life about this accusation in order to get your side of the story out first. As much as you may want to, hold on until everything is over. You never know if your own friends and your own words could inadvertently end up used against you in court. Even an anonymous social media post venting about things could end up traced back to you. Right now, only confide in your attorney.

3. Document all evidence

You should make sure to hold on to all evidence of your innocence and pass it on to your attorney as soon as possible. Any texts, emails, or documents that prove your story can help build your defense. Keep in mind that Maryland is a two-party consent state when it comes to audio recordings, however.

You might also try to determine the motive behind the false allegation and document that to give to your attorney as well. In the best case scenario, the accusation was not made maliciously and is instead a case of mistaken identity. Other motives may include:

• Revenge: The accuser may have felt you wronged them in a personal or professional way. They’re looking to make themself feel better by making you feel worse.
• Mental health struggles: Some mental health disorders cause people to experience severe paranoia and hallucinations. The accuser may believe something happened to them when it actually didn’t. Or maybe it did happen, but their illness is making them believe it was you who did it.
• Accuser’s self-gain: The accuser may be looking to get ahead of you or have something to hold over you. Their accusation is an act of manipulation of you and/or the public.

4. Document damages

It is also important to document any damages you may have suffered from this wrongful accusation. You may be able to hold the accuser accountable in civil court through a defamation lawsuit. For the best chance at a successful defamation lawsuit, you must have not only proof that the allegation was false but also proof of damages.

Consequences for false accusations

Because criminal accusations are so serious, the state of Maryland does not look kindly on those who make false allegations. Under MD Criminal Law Code § 9-501, wrongfully making a criminal accusation with the intent to harm someone is a misdemeanor with a penalty of up to six months in jail or up to a $500 fine.

Contact us today

If you’re accused of a crime you did not commit, you need a team with experience and empathy. The criminal defense attorneys here at Carey Law Offices have been serving the citizens of Maryland in the Bowie and Calvert County areas for decades. We aim to help people, not just win cases. We see the individual, not just someone accused of a crime. We are the team you need. Time is critical when facing wrongful accusations. The sooner you contact an experienced attorney, the better your chances of protecting your future. The attorneys at Carey Law Offices are ready to stand by your side. Contact us today for a free consultation.