can u be arrested if you just received notice that someone is accusing u of a crime you didn't commit?
2 Answers from Attorneys
Re: false accusation
Yes, you can be arrested. Getting someone arrested is not difficult at all. All someone has to do is sign a sworn statement relaying information that someone committed a crime. It's especially easy if the writer of the statement knows the accused since then they can actually name the person.
Of course, it's a crime to make a false statement. However, it's very difficult to PROVE someone lied. Your word vs. theirs will not be sufficient to get a person charged with false official statement.
Kendall L. Horween, P.A.
1211 Orange Avenue
Re: false accusation
Unfortunately an arrest can be made once law enforcement has probable cause to believe that you have committed a crime. Generally, we would like to believe that law enforcement will in a situation like yours, speak with the accuser and attempt to obtain additional corroborating evidence prior to making an arrest. This evidence gathering may take the form of speaking with you. I would suggest obtaining advice of counsel prior to speaking with the police. Frankly, obtaining counsel early in a situation like this is quite beneficial and can prevent the arrest or filing of charges rather than trying to clean it up on the back end.
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