What to do if I was falsely accused of assault?

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What to do if I was falsely accused of assault?

My girlfriend and I got in an argument and she claimed she would call the cops and tell them I hit her. I said go ahead I didn’t touch you. The cops came and she was passed out drunk so they took her to detox. Then 5 minutes later they knocked on my door and said she had a bump on her head and I was going to jail. I am out on bond and am facing Assault 3. What should I tell the judge? Should I just claim she probably tripped drunkenly and hit her head on the wall or something?

Asked on July 9, 2011 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact is that you need legal representation for this matter.  An experienced criminal law attorney might be able to get the charge dismissed on a technicality or at least get it reduced; possibly even winning an acquittal at trial if it comes down to that.  Also, their may be alternative sentencing programs that you may qualify for. An assault conviction will result in a criminal record that will in all likelihood effect your future employment, rental approvals, and possibly licensing for certain professions.

I don't know what your financial situation is. If you can afford to retain an attorney yourself pick a criminal defense attorney local to the court in question. They can use their local contacts within the court to your best advantage. If money is an issue you may be eligible for representation by the PD if your income is low enough; Legal Aid may also be an option. Additionally, check to see if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  Also, contact the local Bar Association in your county; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. 


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