Being accused of a crime you didn’t commit is one of the most stressful and overwhelming experiences a person can face. Even if you’re completely innocent, the legal system requires you to defend yourself against serious charges. Taking the right steps early on can make a significant difference in protecting your rights, your reputation, and your future.
At The Scardella Law Firm LLC, criminal defense attorney Lauren Scardella, Esq. has represented clients throughout New Jersey who were wrongly accused. She understands how frightening and isolating this experience can be – and how essential it is to act quickly, protect your rights, and start building your defense right away.
If you’ve been wrongfully accused or charged with a crime in New Jersey, here’s what you need to know and what steps to take immediately.
1. Stay Calm and Avoid Confrontation
It’s natural to feel scared, angry, or confused – but how you respond to the accusation matters.
- Don’t argue with police or investigators. Stay calm and respectful. Avoid saying anything that could be used against you.
- Avoid contacting your accuser. Reaching out can escalate the situation and might be seen as intimidation or harassment.
Your first goal is to avoid actions or statements that could complicate your defense.
2. Invoke Your Right to Remain Silent
The Fifth Amendment gives you the right to remain silent. Use it.
- Don’t answer questions without your attorney present. Politely state that you want legal counsel before continuing.
- Avoid casual conversations. Even innocent-sounding statements can be taken out of context and used against you later.
Remaining silent is not an admission of guilt – it’s a smart legal move.
3. Hire a New Jersey Criminal Defense Attorney Immediately
The sooner you get legal help, the better. A skilled defense lawyer will protect your rights, evaluate the charges, and build a strategy to defend you.
Your attorney can:
- Explain the legal process and what to expect
- Ensure law enforcement follows proper procedures
- Begin gathering evidence to prove your innocence
- Communicate with investigators and prosecutors on your behalf
The legal system is complex – don’t try to face it alone.
4. Preserve Evidence That Supports Your Innocence
Don’t wait for someone else to prove you’re innocent. Proactively gather and preserve any evidence that supports your case.
- Document your alibi: Save receipts, texts, emails, or anything that shows where you were when the alleged crime occurred.
- Secure video footage: If a camera may have captured your location or interactions, request copies before they’re lost or deleted.
- Keep communication records: Save messages, emails, or social media posts that could contradict the allegations.
This evidence could be the difference between a conviction and a case dismissal.
5. Don’t Discuss Your Case Publicly
It’s tempting to explain your side of the story, especially if you’re being unfairly accused – but public statements can be risky.
- Avoid social media posts. Even vague or emotional comments can be used by prosecutors.
- Limit conversations to your legal team. Friends, coworkers, or acquaintances might unintentionally misrepresent what you’ve said.
Protect your privacy and let your attorney speak for you.
6. Understand the Charges You’re Facing
Knowing the type and severity of the charges is crucial to preparing an effective defense. In New Jersey, criminal offenses fall into two main categories:
- Indictable offenses (felonies): These include more serious crimes like aggravated assault, drug trafficking, or residential burglary, which may now carry enhanced penalties under recent New Jersey law. They’re prosecuted in Superior Court and carry substantial penalties, including possible prison time.
- Disorderly persons offenses (misdemeanors): These are less severe, such as shoplifting or simple assault, and are typically handled in Municipal Court.
Your attorney will review the charges with you and explain what the prosecution must prove.
7. Investigate and Challenge the Evidence
Just because evidence exists doesn’t mean it’s accurate or admissible. Your defense attorney will thoroughly examine the prosecution’s case and look for weaknesses, such as:
- Unreliable witness testimony: Witnesses may be mistaken, biased, or inconsistent.
- Mishandled evidence: Chain of custody issues or contamination can render physical evidence questionable.
- Constitutional violations: If law enforcement violated your rights during a search or arrest, some evidence may be thrown out.
Every detail matters when building your defense.
8. Consider Strategic Pre-Trial Motions
Before trial, your attorney may file motions to challenge the case or limit the evidence used against you. These may include:
- Motion to dismiss: If the charges lack a legal basis or sufficient evidence.
- Motion to suppress: To exclude evidence obtained illegally.
- Motion for discovery: To access the prosecution’s evidence and ensure a fair trial.
Pre-trial motions can often lead to a better outcome – or even result in charges being dropped.
9. Prepare for Trial if Necessary
If your case proceeds to trial, being prepared is key. Your attorney will guide you through each stage:
- Jury selection: Choosing impartial jurors to hear the case.
- Opening statements: Outlining each side’s position.
- Presentation of evidence: Examining witnesses, introducing exhibits, and cross-examining the prosecution.
- Closing arguments: Summing up your defense and emphasizing reasonable doubt.
- Jury deliberation and verdict: The jury must unanimously agree that you’re guilty beyond a reasonable doubt.
Your legal team’s preparation and courtroom strategy are essential to your defense.
10. Explore Your Legal Options If Convicted
Even if the verdict doesn’t go your way, your legal journey may not be over.
You still have options:
- Appeal the verdict: A higher court can review your case for legal or procedural errors.
- Seek post-conviction relief: You may be able to reopen the case if new evidence emerges or your trial counsel was ineffective.
- Negotiate alternative sentencing: Your attorney can advocate for options like probation, rehabilitation programs, or reduced sentencing.
A conviction is not necessarily the end – it’s another step in the legal process.
Why You Need a Criminal Defense Attorney If You’re Wrongfully Accused
Being wrongfully accused is more than a legal issue – it’s a threat to your freedom, your reputation, and your future. A criminal defense attorney will:
- Investigate the facts and identify weaknesses in the prosecution’s case
- Protect your rights at every step of the process
- Communicate with law enforcement on your behalf
- Build a personalized, strategic defense plan
- Provide guidance and support during one of the most difficult times in your life
The right lawyer can help ensure that the truth comes to light – and that justice is served.
Facing False Criminal Accusations in New Jersey? Contact The Scardella Law Firm LLC Today
At The Scardella Law Firm LLC, we understand how overwhelming it can be to face criminal charges you didn’t commit. Lauren Scardella, Esq. provides thoughtful, strategic defense for clients across Burlington, Monmouth, and Ocean Counties – fighting to protect your rights and clear your name.
Whether you’re in Mount Holly, Freehold, Toms River, Marlboro, Manahawkin, or anywhere in the surrounding area, we’re here to stand by your side and help you move forward with confidence.
Call 609-372-5285 today to schedule a free 15-minute consultation and take the first step toward protecting your reputation and freedom.
Disclaimer: This blog is intended for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is different, and the information provided may not apply to your specific situation. For personalized legal guidance, please contact The Scardella Law Firm LLC directly.