Legal Question in Criminal Law in Florida

false accusation

can u be arrested if you just received notice that someone is accusing u of a crime you didn't commit?

Asked on 5/07/09, 9:57 pm

2 Answers from Attorneys

Kendall Horween Kendall L. Horween, P.A.
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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 Horween

Kendall L. Horween, P.A.

1211 Orange Avenue

Orlando, FL

32789

khorween@yahoo.com

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5/08/09, 7:04 am
David Kotler Schwartz, Gold, Cohen, Zakarin, & Kotler
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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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5/08/09, 9:47 am

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