Criminal Defense Lawyer Richmond, VA

IS THERE A PARTICULAR TYPE OF PERSON WHO MAKES FALSE ALLEGATIONS OF ADULT CRIMES? Many false allegations cases are uncommon, but they are an issue of concern for any defense attorney, and they appear to be on the rise. With respect to Rape allegations, in a recent article entitled “Characteristics of False Allegation Adult Crimes,” the authors noted that false allegations of Rape appeared to serve three major purposes for the person making the complaint: “Providing an alibi, seeking revenge, or obtaining sympathy and attention.” Another reason stated was that of “financial gain.” With such a serious charge, there is no time to waste, insofar critical defense work may only be obtained the first few days following an arrest or prior to formal charges being filed (for example, if the person making the allegation is on MySpace or Facebook, a complete printout of their social media site should be copied – these sites often provide fruitful evidence and witnesses for the person charged with such a serious crime). It is also important to note that the police often “turn off” or “sanitize” these sites almost immediately when a sexual crime complaint is charged, thus it isn’t available very long to defense counsel. Information in these sites often reveal the possible motive behind a False Allegation and the type of individual a defendant is dealing with. For example, is this an angry past lover hell bent on destroying someone? Is the alleged victim psychiatrically ill? Is the person an attention seeker? Does this person often distort reality for financial gain (or some other type of gain, perhaps sympathy)? Has this person been rewarded before for making allegations? As difficult as it is when confronted with a false charge, action must be taken immediately and aggressively (including enlisting the assistance of a good private investigator with excellent research and “gum-shoe” skills as well as retaining counsel). Good, prompt action can often make the difference between a conviction or the prosecuting body refusing to issue charges.

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