fbpx

Nobody ever wants to be accused of a crime and it’s worse if you never even committed the crime. Criminal convictions carry serious penalties, including heavy fines or jail time. If you have been falsely accused of a crime, you should retain an attorney right away as they will be able to help you. 

According to Florida Statute 817.49, whoever provides to a law enforcement officer false information or reports concerning someone of any crime, knowing the information or report is false, even though no such crime had actually been committed, will be guilty of a misdemeanor of the first degree

If you are falsely accused, gather all the evidence and as much information as you can surrounding the crime. Be prepared to share everything you remember with your attorney as they can use the information to help you. Do not try and destroy any evidence as this can further hurt your case. You also do not want to speak with anyone, including the person who falsely accused you. This could further complicate the situation.

If you are presented with a criminal charge, consult with your attorney right away. They will go over your options with you, including further investigation into the alleged crime and alibi defenses.

Defenses for False Accusations

If someone is charged with making a false accusation to law enforcement, there are many defenses, with the most common being factual in nature. 

Report Not Provably False

When investigating an incident, police will jump to conclusions and pick a side. In making the arrest, the police may press charges against the person they do not believe. When there is evidence to support the defendant’s side, this may dispute the false claims on the report. 

False Information

Even if the report is false, the prosecution has to establish the defendant knew the information was false. If the defendant was simply mistaken or given the wrong information by someone else, this will provide a powerful defense. 

To prove the information was false at trial, the State must establish beyond a reasonable doubt:

  • The accused willfully provided false information or a false report; 
  • Knew the information was false because a crime had not been committed and; 
  • The false information was given to a police officer. 

If you find yourself being falsely accused of a crime, contact Attorney Brandon Gans for a free case evaluation.

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

Learn More

Case Results

Our Reviews

Serving all of central Florida

Orange

Orange County, FL

Osceola

Orange County, FL

Seminole

Orange County, FL

Volusia

Orange County, FL

Hillsborough

Orange County, FL
Brandon Gans

Brandon Gans

Attorney

Julie Clarke

Julie Clarke

Attorney

Top Christmas Crimes in Florida

Ugly Christmas sweaters at work parties are not considered a crime. However, shoplifting, package theft, domestic violence, and DUIs are all crimes and are seen more frequently leading up to Christmas.  Shoplifting, according to FindLaw.com, is referred to as "retail...

“Blackout Wednesday” – The Most Deadly Time of Year

What is Blackout Wednesday? It is the Wednesday night before Thanksgiving, starting the most deadly time of the year when law enforcement sees a spike in DUI cases. According to Traffic Safety Marketing, from 2015 to 2019, 135 drivers involved in fatal crashes on...

Miranda Warnings

When being advised of Miranda rights you will be advised of the following: You Have the Right to Remain Silent Anything you say can and will be used against you in a court of law You have the right to an attorney If you cannot afford an attorney, one will be provided...

Will I Go To Jail For My First DUI?

If you are ever charged with a DUI (Driving Under the Influence), you’ll probably have a lot of questions, including can you go to jail for a first offense? For a first-time DUI in Florida, it depends on the severity of the case. Florida is tough on drunk driving, so...

5 Things Not to Do When Facing Criminal Charges

It can be a stressful and scary time when you are facing criminal charges. During the entirety of your criminal case, from arrest to your last court appearance, it is best to have an experienced criminal defense attorney on your side. They can help you navigate this...

What To Do When There Is A Warrant Out For Your Arrest

When a criminal offense is committed, an arrest warrant may be issued to bring the person before the court. If you believe there is a warrant out for you, it is best to contact a criminal defense attorney. An attorney will have the knowledge to guide you through this...

What is a Pretrial Diversion Program?

Pretrial Diversion Programs are typically intended for first-time offenders or misdemeanor crimes. However, we can sometimes get our clients into the program if they have some criminal history or are charged with a felony. The purpose of these diversion programs is to...

What Happens If I Miss My Court Date?

If you ever miss a court date, the court issues a warrant for your arrest. As soon as you can, appear in court to recall the warrant. Acting quickly shows you are serious about the case. Failing to act quickly can lead to police showing up at your house or job and...

Landmark Florida Cases

Throughout history, there have been several landmark cases that have shaped the legal landscape in Florida and even the country. Let’s take a look at some of these cases. Gideon v. Wainwright In 1961, Clarence Gideon was arrested and charged with breaking and entering...

What’s the Difference? — Careless vs. Reckless

Do you know the difference between Careless Driving and Reckless Driving? Under Florida Statute, careless driving is considered a civil offense while reckless driving is considered a criminal offense.  Reckless driving (Florida Statute 316.192) is any person who...

News & Posts

FAQs

Trivia

Orlando, FL

(407) 500-4267

132 E. Colonial Dr, Suite 200
Orlando, FL 32801

Hours: 9:00am-6:00pm

Tampa, FL

(407) 500-4267

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only

407-500-4267

Send Us a Message!

More Contact Info