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For anyone who is accused of, or has been arrested based on allegations they know are untrue or false, including questioning by police when innocent, it is an incredibly stressful experience. The process is also highly challenging for partners, family, or friends who are supporting the person facing the allegations.
We help individuals and the people supporting them navigate false allegations. On this page, we cover what a person accused of false allegations in New South Wales needs to know about what is ahead and what to do to increase their chances of their innocence being proven effectively (even though it’s not the accused person’s job to prove anything!).
We will answer these questions about false allegations, including:
- Can you be arrested for false allegations?
- What happens if you are falsely accused of a crime?
We will also cover:
- The processes that anyone facing false allegations will go through;
- The common mistakes and risks when falsely accused; and
- The role of family and friends of the person accused of false allegations.
The law provides that people are presumed innocent until proven guilty. However, the language can be confusing.
When people call us about their partner, family member or friend who is either under investigation, suspected or accused of committing a crime, they tend to use the terms “false accusations”, “false allegations”, and “falsely accused”, even if the person has not been charged. For this reason, on this page, we will use these terms in a broad sense, whether someone is under suspicion, charged, or found guilty of criminal offences.
Can You Be Arrested For False Allegations?
In New South Wales, a person may be arrested when the police accuse a person of committing a crime.
An arrest may occur in NSW for a number of reasons, including but not limited to when:
- The police have reasonable grounds to suspect a person has committed an offence
- The police have reasonable grounds to suspect a person is, or is about to, commit an offence
- A warrant has been issued for their arrest
- To prevent the person facing false allegations from fleeing the crime scene
- To ensure that the person facing false allegations does not interfere with the alleged victim or witnesses
- The person facing false allegations has breached their bail conditions
So, even if someone is arrested and believes they have been falsely accused of a crime or multiple offences, there is a process they must go through, regardless of whether they are guilty or not guilty.
Importantly, being arrested does not necessarily mean they have been charged with a crime. That may or may not occur later.
If someone has been charged, the police have officially and formally accused them of a crime (or multiple crimes/offences).
In New South Wales, the Police have 4 to 6 hours to make a decision about whether the person they have in custody will be charged.
As explored in another article about police questioning and what happens when someone is arrested, the four to six hour time period excludes time taken to undertake a number of activities, or for very serious crimes.
You can read more about the time exclusions as well as what happens upon arrest on this page.
What Happens If You Are Falsely Accused Of A Crime?
Here we explain what happens if you are falsely accused of a crime, and either:
- Police arrest you, despite the allegations being false
- Police wish to question you, despite the false allegations
What is important to understand at this point is that, regardless of whether the person is guilty or not guilty, there are procedures that need to be followed.
This does not mean that the person needs to answer any questions about the alleged offences. In fact, we often recommend that a person exercises their right to silence, regardless of whether they are guilty or not guilty.
What this does mean is that the person and their supporters must accept that the process needs to be carried out. Interfering with the process can do more harm than good. There are often circumstances when a family member tries to help and it does the opposite of what was intended. You will learn more about some of these mistakes and risks to the person falsely accused below.
First though, we will talk through what happens if you are falsely accused of a crime, whether arrested or not.
Arrested & Accused Of False Allegations
If arrested, the accused person will go through the following processes:
- The arresting officer informs the falsely accused person that they are under arrest, and the crimes the person is accused of committing.
- The falsely accused are read their Rights.
- Advised that they can call a lawyer and their partner, family member or friend.
- They are invited to participate in an interview as part of the police investigation Important: do not participate in an interview unless you have sought legal advice from an experienced criminal lawyer first
The police need to release them if not formally charged with an offence within the 6 hour time period.
If charged, the police may release them on bail or refuse bail. For more information about bail or bail being refused, read more here.
Accused Of False Allegations But Not Arrested?
If someone has not been arrested but facing suspicion or false allegations, police may request they answer questions about the alleged offence.
If this occurs, do not answer any questions without having sought out advice from a criminal lawyer first. It doesn’t matter if you are innocent, an experienced criminal lawyer will guide you through the processes and provide advice specific to your circumstances.
Common Mistakes And Risks When Falsely Accused
If facing a hearing or trial, it is not uncommon for the individual themselves or a family member or friend to try to help by being an amateur detective to get the information needed to support the evidence of the case and help find them not guilty.
However, this often leads to other issues.
Sometimes doing their own investigation work to get to the truth and clear their name can result in them interfering with a witness, which is a criminal offence in itself. The same can occur with recording of phone calls or conversations or video recording someone without their consent. You could face a charge or risk the Court refusing to allow you to use the evidence.
So the most important thing is to remain calm and seek the help of an experienced criminal lawyer. Our team helps individuals facing false allegations and their family members about what they can do to help that won’t adversely affect the case, or have a significant impact on the people in their support system.
There’s nothing wrong with wanting to prove that you (or they) are falsely accused or innocent but you must be careful in how you act on it because it can easily lead to more trouble than you (or they) are already in.
There are countless other ways people accidentally create worse outcomes when trying to prove their own or others’ innocence. We want to ensure that people acting on what they truly believe is a good and reasonable approach, do not end up creating more trouble for themselves (or their partner, family or friend).
The best thing anyone experiencing false allegations can do is to accept that the process will take time and cannot be resolved instantly, even if the allegations are false.
Do not rely on the advice of people who don’t have experience representing people accused of committing a crime (there are many areas of law so it’s important you obtain advice from someone who is familiar with the process and advocate for their clients in Court). We see the consequences of this happen far too often.
What is essential for anyone facing false allegations, is the benefit of legal advice from an experienced criminal lawyer. We are committed legal professionals who provide support, advice and representation every day in person, online, at various Sydney police stations, Courtrooms and before different Magistrates.
Our criminal lawyers will take you seriously and will patiently explain the answers to the questions you have. We will provide you guidance on what to know and do next. This includes questions about the processes we’ve covered above, what to know about bail, possible defences and potential sentences if found guilty.
We are all about making the process of dealing with false allegations easier than if navigated alone. After all, you need to get this right the first time so you can put it all behind you.
We can help you with false allegations.
We have two office locations – Penrith & Blacktown – as well as phone and online consultations if preferred.
Disclaimer: The content in this article provides general information however it does not substitute legal advice or opinion. Information is best used in conjunction with legal advice from an experienced member of our team.