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January 15, 2023
Matthew C. Bangerter

Criminal Defense in Ohio: How to Prove Innocence When Falsely Accused

Fortress Law Group, LLC represents clients who need a comprehensive defense
strategy for juvenile crimes, misdemeanors, and felonies.
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Imagine being accused and convicted of a crime you didn’t commit—it is a scenario none of us wants to experience in our lifetime. Unfortunately, according to the National Registry of Exonerations, it happens all too often in the United States. In acknowledgment of the problem, the Ohio Supreme Court set up a task force that recently released recommendations for decreasing wrongful convictions in Ohio.

Though this is a step in the right direction, the thought of having your freedom suddenly taken away after being falsely accused of a criminal offense is a frightening and anxiety-filled experience. You may feel powerless to defend yourself and that the odds are stacked against you as you attempt to prove your innocence.

If you are facing criminal charges, you likely are searching online for an Ohio “criminal attorney near me.” If so, look no further. At the Fortress Law Group, LLC, an experienced Cleveland criminal defense attorney can help you build a case, gather and examine the evidence, and ensure that your rights are upheld. Contact us today at (440) 340-1740 to schedule your case evaluation so we can explore your defense options and prove your innocence. We defend good people accused of bad things.

Your Right to Remain Silent and the Importance of Hiring a Criminal Defense Attorney

While your first instinct may be to clear your name by speaking with others, exercise your constitutional right to remain silent. Before speaking with law enforcement, consult with an experienced criminal defense attorney. The last thing you want to do is aggravate the situation, so seek legal counsel immediately. Remember, it is the prosecution's responsibility to prove guilt, not the other way around. You are not required to prove your innocence.

You may put off hiring an attorney because you are concerned about legal fees or believe you can handle the false accusations on your own. This can hurt your case. You must begin gathering evidence and preparing your case as soon as possible. If you put off working with an attorney for too long, you risk losing valuable time and evidence. Witnesses may forget what happened or become unavailable to testify. The sooner you consult with a criminal defense attorney about your case, the better your chances of clearing your name.

Ways to Prove Your Innocence

Although you are not legally required to prove your innocence, the more evidence you have to show your innocence, the weaker the prosecution's case becomes. Presenting and identifying any proof of your innocence is thus beneficial to your defense. Here are some examples of evidence that your attorney could use to prove your innocence:

Witness Testimony

Witness testimony can be used to prove innocence in a couple of ways. First, if someone else committed the crime for which you are accused, a witness may be able to testify about seeing a person matching a different description at the scene. Second, testimony from witnesses can be used to establish an alibi. For example, if you were somewhere else at the time of the alleged crime, anyone with you at the time the crime was committed could testify to prove your innocence.

Cellphone Records

The cellular location evidence provided by cell phone GPS software can be used to provide critical chronology and location information proving your innocence. Time and location can be specified to the minute, your route traveled, and specific locations. Text and phone data can also establish an alibi by proving you were not there when the crime occurred.

Employment, Bank Account Information, and Other Records

You may have access to employment records, bank account information, and other records that can also serve as evidence of innocence. Various documents can be used to help show your innocence, from establishing an alibi (i.e., a timesheet indicating you were at work at the time of the crime) to proving that you did not engage in a specific illegal action (i.e., a substantial deposit in your bank account due to a loan).

Surveillance Video

In many ways, surveillance video can perform the same roles as witness testimony. You could be exonerated if video evidence demonstrates that someone else committed the alleged crime. Similarly, if there is video evidence proving you were somewhere else at the time of the alleged crime, your attorney may use it to support an alibi.

Social Media Posts

Though police and prosecutors can use your social media posts to prove your guilt, your attorney can also use them to prove your innocence. For example, pictures of you at a different location and time from when and where the crime occurred can show you could not have committed the crime.

Forensic Evidence

Forensic science is the use of scientific research in criminal investigations. It is a field where various techniques can be used to link suspects to crime scenes or victims.

However, forensic methods are not always carried out carefully or correctly, resulting in a wrongful conviction. A skilled criminal defense attorney can identify any errors in the process or outcome, and any evidence suggested by these methods can be thrown out of court. You or your attorney can request your own forensic expert to challenge any findings.

These are just a few ways your criminal defense attorney may use to help prove your innocence. When you meet with your attorney, they will go over your case with you to build a defense strategy and may employ one or multiple strategies. The tactics your attorney will use will depend on the specifics of your case.

Fortress Law Group, LLC: “Criminal Lawyer Near Me” in Cleveland Metro

Are you looking for a “criminal lawyer near me” in Cleveland to help prove your innocence after being unjustly charged with a crime? During this stressful and uncertain time, you need reliable legal support from a skilled criminal attorney.

At Fortress Law Group, LLC, we defend good people accused of bad things. Attorney Matthew Bangerter is an experienced Ohio criminal defense lawyer who formerly worked as an Assistant Prosecutor in Lake County, Ohio. His invaluable experience gives him powerful insight into how the other side works. As your criminal defense attorney, Matthew and his team will leave no stone unturned to preserve your liberty and protect your future.

In addition to working as a prosecutor, Matthew’s scientific background gives him an edge when evaluating forensic evidence in a criminal defense case. He obtained a Bachelor’s degree in biology and studied molecular genetics and computer science in graduate school and is well-versed in the scientific evidence involved in various criminal cases.

Contact us today at (440) 340-1740 for a case evaluation by an Ohio criminal lawyer so we can explore your defense options. You can also fill out our online form here.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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Whether you’re charged with a DUI, misdemeanor, or felony, the prospect of facing trial is stressful. Worse, there’s also the possibility of jail time if things don’t go well for you in court. To help you face these legal adversities, you need an attorney who can work on an effective defense strategy and make sure your civil rights are upheld throughout the process. A Willoughby criminal appeals attorney at Fortress Law Group, LLC provides clients with comprehensive legal representation from trial to appeal, if needed.
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Copyright © 2024. Fortress Law Group, LLC. All Rights Reserved.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.