Receiving charges for a crime you did not commit can be terrifying, and it is sadly more common than you may realize. If you find yourself in this situation, just remember that you are innocent until proven guilty according to US law.
However, while a criminal charge does not prove guilt, it can still lead to an arrest and other serious consequences. Carefully navigating the legal process in Tennessee is crucial to protecting yourself.
Receiving charges when innocent
There are many reasons why law enforcement may arrest you even if you are innocent. There may be cases of mistaken identity, incomplete investigations or misunderstood evidence. If police arrest you, they may take you to jail and hold you until you fulfill your bond conditions.
In Tennessee, law enforcement officers or prosecutors must demonstrate probable cause to a court before or shortly after you receive formal criminal charges. The standard for “probable cause” is relatively low compared to what’s required to convict someone at trial. Prosecutors can use anything you say, so exercise caution when asked questions.
If your legal representative challenges the evidence and the judge finds a lack of probable cause, the judge can dismiss the charges.
Exercising your constitutional rights
If you find yourself facing charges, Tennessee law and the US Constitution guarantee you protection. Here are some of the rights that are critical in Tennessee criminal cases:
- Right to remain silent: According to the Fifth Amendment, you have the right to remain silent. You do not have any legal obligation to answer police questions. You can politely decline to answer until you can contact a legal representative.
- Presumption of innocence: The state must prove your guilt beyond any reasonable doubt to convict you. The presumption of innocence is a core legal right wherein the court treats you as innocent until the state proves otherwise.
- Right to due process: You have the right to a fair hearing, where you can challenge evidence, cross-examine witnesses and present your own evidence. The court must treat you fairly, follow the correct legal procedures and let you defend your side.
Your constitutional protections can mean the difference between a legal battle and a dismissal. Always remember to exercise your rights and tread carefully.
Getting legal representation
During such a crucial period, it may not be in your best interest to represent yourself. Even innocent people may make mistakes that can lead to serious legal consequences. Seeking a representative who knows the proper legal processes can help you safeguard your rights.
You don’t need to face false charges alone. With experienced defense by your side, you can plan strategies to defend your innocence.