Can I Be Charged Based on Someone’s Accusation Alone?

Unsubstantiated accusations often support criminal charges but hardly ever result in convictions.

Yes, you can be charged with a sex crime, or any other crime, based solely on someone’s accusation. Authorities only need probable cause to press criminal charges by filing an information (official charging document) in court. The same standard of proof applies to grand jury indictments. Essentially, probable cause means “Based on the available evidence, s/he’s probably guilty, but we must hear both sides of the story before we make any decisions.”

Effectively telling both sides of the story is what a Ft. Worth criminal defense lawyer does best. As outlined below, accusing witnesses often have credibility issues that cast doubt on their testimony. Additionally, a Ft. Worth criminal defense lawyer often uses procedural defenses to get a case thrown out of court before the accusing witness has a chance to testify. Moreover, the state’s case is only the first half. No one wins or loses the game until the final buzzer sounds.

Procedural Issues

The credibility, or lack thereof, of an accusing witness is irrelevant if police officers did not properly obtain a warrant, illegally interrogated the suspect, or staged a biased lineup.

Unless the offense is committed within an officer’s plain view or another narrow exception applies, police officers must have arrest warrants before they slap on handcuffs. An arrest warrant must be based on a probable cause affidavit (sworn statement), not a probable cause witness statement.

Additionally, a peace officer, not a non-police officer accuser, must normally compose, swear to, and file the affidavit.

Probable cause witness statements often spur informal investigations. Some police officers conduct these investigations too informally. Before they interrogate suspects in custody (the suspect doesn’t reasonably feel free to leave on his/her own accord), police officers must administer the Miranda rights in a language the suspect understands.

Biased lineups are a serious issue in Tarrant County. Most local law enforcement agencies use photo lineups, and in many cases, they use single-photo lineups. In these situations, the witness feels extreme pressure to say, “that’s the guy.”

Witness Credibility

All witnesses are biased. Our eyes and ears are not video cameras and tape recorders. We see, hear, and remember things selectively. So, a Ft. Worth criminal defense lawyer must only demonstrate possible additional bias to undermine the witness’s credibility (e.g., Paul likes an anti-immigrant Facebook post and the defendant is a noncitizen).

Furthermore, our memories are short. The trial date is usually at least six or eight months after the accusation date. By that time, the witness usually forgets small and seemingly insignificant details. As a result, the witness may be unqualified to testify in court.

An obscure provision in the Constitution, the Confrontation Clause, also comes into play in these situations. Usually, defendants have the right to confront their accusers face-to-face in court. Many people will say all sorts of outlandish things to third parties. But their stories change when they’re in court, under oath, and face cross-examination from a Ft. Worth criminal defense lawyer.

Judges often waive the Confrontation Clause if safety is an issue or if the accuser is unavailable to testify. There is a difference between unable and unwilling.

Reach Out to a Diligent Tarrant County Attorney

Accusations often do not hold up in court. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and jail visits are available.