Building a Defence Against False Allegations

How defences are built or how defence strategies are designed is a complicated subject that lawyers spend years studying. Judges are juries are never predictable, no matter what type of defence is used for a client. In today’s blog article, we want to talk a little about how a criminal defence lawyer might build a defence against false allegations.

Facts

The lawyer must first establish the facts of the case. The accused and the accuser may say one thing, but the lawyer is going to try to confirm, if at all possible, that what they are saying is true.

This can be achieved in a number of ways. For example, were the accused and the accuser where they said they were, and is there evidence to support this. Is there video footage, reliable witness accounts, and/or cell phone data to support the facts.

Other Evidence

The defence lawyer might present other evidence such as motive for the accuser to seek revenge against the accused. The accused might have a credibility problem and a history of making false allegations to others. Perhaps some evidence the hurts the accused was procured illegally and can be thrown out. These are just a few small examples; an experienced defence lawyer will have plenty of ideas.

One potential problem—out of many—for the defence lawyer is the possible biases of the Crown, the judge, the jury, and/or the public. For example, there is the principle of confirmation bias. Just the fact that someone is accused of a crime, like assault, will be enough for plenty of individuals to think that person is guilty of that crime long before they see or hear any evidence. Some cultures may have certain biases. For example, devoutly religious people may think that if someone has tattoos, then that person must be “bad”. If the accused has a history of criminal behavior, some will believe that person is guilty just based on past behavior, which is wrong and why often past criminal behavior cannot be introduced to the court.

So, all defences are difficult and complex but false allegations can be particularly difficult and frustrating to fight. However, a good criminal defence lawyer will do his or her absolutely best to defend you against any types of allegations.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.