Facing false accusations can be emotionally harrowing and disorienting. It can also profoundly disruptive to your life, job, and relationships. Facing defamation affects every aspect of your life. When pulled into a legal dispute and falsely accused, the world starts spinning very quickly. While it may be tempting to swing back, defend oneself publicly, or confront the accuser, the best course of action involves a little restraint and seeking professional legal counsel to ensure you don’t find yourself in a tangled web of legal uncertainty.
So what do you do when someone falsely points the finger at you?
Here’s what you need to know.
In a 2020 survey conducted by YouGov, the numbers revealed that 8% of Americans have reported facing false accusations involving domestic violence, sexual assault, child abuse, or other forms of abuse. The survey also revealed that in 62% of these false accusation cases, the accusers were reported to be female. In about 27% of cases, the false allegations were part of or involving a child custody case.
Similarly, the National Registry of Exonerations showed that the biggest contributing factor to wrongful convictions involves false allegations and perjury.
In recent years —and in the climate of social media and cancel culture— the topic of false accusations and allegations has become more prominent in the public eye. Facing false allegations is a serious matter that gets murky very quickly without the right legal advice. The survey mentioned above stands as one of the only surveys collected on this matter. According to representatives of the survey, the respondents were representative of a varied sample of adults over 18.
As any family attorney will note, child custody cases are often embroiled in emotional tension and clashing temperaments. The process of untangling false accusations can often involve a lengthy litigation process and slow down the resolution of pending family cases. Unfortunately, some parties often find that throwing out false accusations can delay a decision of a pending child custody case and prolong resolution or entangle the other party in the complicated business of proving their innocence.
This tends to weigh heavily on both the accused and any child caught in the middle. This is why proceeding with caution when faced with this situation is your most valuable asset.
It may be the case that you don’t fully understand the scope of the allegations, their origin, or their intentions. So before any sudden reaction, here’s what you might consider doing.
This right is there for a reason, and when facing confusing and unnerving accusations, one tip is to exhibit restraint and remain silent. Do not lash out on social media. Do not call the accuser and berate them. Do not go pounding on the door demanding explanations. Do not publish posts defending yourself or fire back with insults against the accuser. All of the above is understandable, but this can and will be held against you in a court of law. Maintaining silence will help your case in the long term or when and if it goes to court.
Attorneys know how this works. They can handle the system and operate within its complexities. You want an attorney on your side that provides legal counsel and guides you towards the best course of action, ensuring that the situation does not escalate or get out of control. An attorney will spring to action immediately and set you on the right path to clearing these allegations and returning to your life and your children.
Your attorney will help you with this, but gathering evidence and collecting documents or evidence that can exonerate you will be the first step towards building your defense. Examples of evidence might include records, eyewitness accounts, statements, documents, etc. Work with your attorney in finding evidence that will refute the allegations.
While some people might consider false accusations something they can easily throw out there, the consequences and penalties for such actions are justly measured. For a person to face the consequences of false accusations, it must first have prof that the accuser lied on purpose. This is what is most difficult in these cases, but justice can win.
The consequences are clear, however. For example, in Texas, the law is clear on this matter. Lying to a police officer is a crime and making a false police report is a Class B Misdemeanor.
The state of Texas also allows you to pursue other avenues of justice against someone that made false allegations against you. Texas and many other states allow you to seek civil lawsuits against someone that made false accusations.
Family law cases with contested child custody battles are often involved, as many false accusations are intertwined with circumstances wrought with vindictive sentiments or the desire for personal attack. Don’t end up tangled up. Call the right attorney today.
At Aranda Law Firm, we work hand in hand with you to provide the best legal defense and ensure that your life is not disrupted based on false accusations. These cases turn complex, filled with turmoil, and they cause considerable stress. We try to minimize that for you while ensuring justice.
Call Aranda Law Firm today and find out more.
What Getting An Expunction Can Do For You
Making a mistake in life shouldn’t follow you forever. Having an arrest and charge for a crime on your record can haunt you. Causing more problems as you try to move past the mistake. Even without a conviction, a criminal charge can affect your job options, insurance rates, your credit, and the reputation you have. This can happen to anyone, from being in the wrong place at the wrong time – to just making a mistake when you’re young. Things happen in life, and we can’t always control it, but we can learn from these mistakes. Luckily, there are ways to fix this situation in most cases by looking into an expunction.
An expunction will legally clear a criminal charge off of your permanent record completely. This will remove this information from state agencies and private companies in both electronic and physical form, leaving no trace that the charge ever occurred. For this to happen, most often, it requires your case marked as dismissed or found as not guilty. The process can happen as soon as the case ends, or take months or even years later.
In the state of Texas, to get a criminal charge cleared through an expunction, you can take a few steps to start the process. It’s best to first look into Chapter 55 of the Texas Code of Criminal Procedure, which gives a more in-depth explanation of what can or cannot get expunged. It also goes into detail about the requirements for the charge that you’re trying to expunge. You must first file a Petition for Expunction with your district court so they can send an Order of Expunction. A well-trained attorney can assist you with all the information needed fo this process. Once this has pushed through, the court will set a hearing on the issue. Depending on the offense’s severity, it will get appointed to the municipal, county, or the district court.
Although, not all charges can get cleared with an expunction. An expunction can only occur for Class C Misdemeanors that do not have a conviction. If the case was acquitted, dismissed, or a judge applied for a pardon, then you can successfully have it removed from your record.
You can also look into the Fresh Start app to see if you’re eligible for an expunction or a nondisclosure. There are some requirements to consider before you use the app, such as:
An expunction does differentiate from a nondisclosure. A nondisclosure, also known as record sealing, has a similar effect as an expunction. While an expunction will completely and permanently remove the criminal history, a nondisclosure will hide the charges from the public. Still, it can stay visible to a small group of criminal justice, licensing, and government agencies. Taking this route if an expunction cannot happen means you will most likely require probation.
Although a nondisclosure does not completely take away the charge on your record, it has its benefits. This will hide charges from employers, which makes the biggest difference for many looking for an expunction. Although, many crimes can’t get sealed off. Crimes such as murder, kidnapping, any violent sex or family crome, or stalking. In some rare cases, if these happened to a minor, there’s a chance that they can get sealed.
This will depend on the severity of the charge. For example, a DWI can take up to two-five years, depending on the probation given, and only receive a sealed record, not a full expunction. It can take up to a year for all the files to get destroyed for a full expunction. A sealed record will move much faster since the process doesn’t go as in-depth as an expunction.
Once everything has moved forward, an expunged record can take 60-90 days to take full effect. If you need the process done faster, let your lawyer know and see what they can do to help you.
The Aranda Law Firm can help with your expunction. If you have criminal charges, it can have major effects that could even stop you from voting. We understand all the requirements and the process for expunctions. It’s best not to do this alone due to all the information and the vital steps that you must take. If you need your record cleared or sealed, contact us today so we can help in clearing your history!
Common Reasons Why People Have Violated Probation
If you ask anyone here at the Aranda Law Firm, they’ll probably tell you that violating your probation is a terrible decision. Probation is a sign of trust, and violating that trust can lead to financial and disciplinary consequences. Sometimes, violating probation is a complete accident, but other times, it’s a bad choice. A terrible, terrible choice. Check out some of the most common reasons why people have violated their probation.
When convicted of a drug or alcohol-related offense, it’s not uncommon to have a substance abuse-related condition in your probation conditions. If your probation is contingent on you staying clean, it’s best to just use that opportunity to quit cold turkey. Otherwise, you could see your probation revoked and a fine and more jail time in its place.
When you have to appear in court or have to report to a probation officer, there are a number of fees that are associated with them. For clients with less financial capital, it can be difficult to come up with the money for these fees. Failing to pay these fees can result in a technical probation violation, along with missing a probation appointment or failing to adhere to a curfew. Usually, the punishment for these violations is not severe, but it will always depend on the violation and your individual circumstances.
One of the worst possible ways to violate their probation is to commit a new crime, especially if it is a felony. Probation violation consequences are not black and white; discretion on the part of the judge is crucial, but committing a new crime is a good way to end up on the severe end of the spectrum. If you find yourself in this situation, you will definitely need the best legal counsel available. Contact Aranda Law Firm today to get the best representation El Paso has to offer!
A criminal defense attorney helps with any kind of offense that results in your arrest. However, there are some crimes which are much more common than others. Finding the right legal representation is extremely important. It is imperative that your criminal defense lawyer you hire has experience representing people accused of a similar violation. The Aranda Law Firm has helped many clients in El Paso and surrounding areas. We have the experience to help you plan an effective defense in order to keep you on the right side of the law.
Most people do not plan to commit a criminal offense. Five of the most common crimes that call for arrests in El Paso and surrounding areas include:
Both adults and juveniles are arrested for these violations of the law. In most cases, the offenses are state-level offenses. However, some drug crimes can be very serious and can be classified as 
federal crimes. This often depends upon the amount of the drugs in your possession. While these five common offenses are usually misdemeanor crimes, they can also rise to the level of felonies if you have repeated convictions or if there were aggravating factors. These include things such as a deadly weapon used in the assault, which can make a simple assault a more serious charge.
The Aranda Law Firm has a long track record of representing clients accused of these five common offenses. We also provide legal assistance to clients in El Paso accused of a wide range of other criminal acts, ranging from minor offenses to serious federal and state crimes, including murder. We also provide legal representation for family law and personal injury cases. Contact us as soon as you have been arrested to find out how a criminal defense attorney can assist you in fighting charges.
How a Criminal Defense Attorney Gathers Information
A criminal defense attorney provides legal representation to defendants throughout the El Paso area. During an arrest, you have the right to contact an attorney. If your charges are serious, you don’t want to waste time; you need to find good legal representation as soon as possible. One of the most important things that an attorney does is to gather information and evidence. As a result, this evidence will provide a solid defense during a trial. Aranda Law Firm can help you to explore the different options you have for defending yourself against criminal charges.
Your criminal defense attorney will gather information during the discovery process. During this process, the prosecuting attorney has to provide exculpatory evidence to the defense attorney. In addition, they must also provide a list of evidence to introduce during the trial, as well a
s a witness list. We will carefully review the evidence provided during the discovery period in order to disprove or discredit the prosecution. Your attorney can also interview witnesses who may have information that will help your defense. Your criminal defense attorney will also conduct formal interviews, or depositions. As a result, they will learn about the information witnesses have. A defense attorney may also consult with experts who will give testimony, such as forensic experts who could try to refute the evidence that the prosecutor is going to present in a criminal case.
Aranda Law Firm is here to assist you whenever you have been charged with a state or federal crime. We can begin gathering evidence immediately. Notably, our goal will be to make it impossible for a prosecutor to meet the burden of proving guilt beyond a reasonable doubt. The sooner we get started in defending you, the more comprehensive we can be in building your defense. Contact us today!
The Importance of Confidentiality with a Criminal Defense Attorney
When you are represented by a criminal defense attorney, it is their duty to keep your information private and confidential. You do not want anyone to know about the information that you share with your attorney. Fortunately, there are rules of confidentiality which ensure anything you tell your lawyer must remain private. The Aranda Law Firm an experienced criminal defense firm, which is why many clients throughout El Paso choose us. When you turn to us for help with your case, we maintain your confidence. Trust is essential between attorney and client in order to provide you with the best defense possible.
It is essential for defendants be able to be 100 percent honest with their criminal defense attorney. In Texas, rule 5.03 of the Texas Rules of Criminal Evidence actively protects privileged information between client and attorney. This way, an defendant can be completely honest about th
e events involving their case. The Bar Association rules and legal ethics impose a strong and inviolable duty of confidentiality on the attorney/client relationship. Attorneys cannot voluntarily disclose or talk about any information given to them by a client. Also, no one can compel a criminal defense attorney to testify against a client in court. There are exceptions to this rule. However, these exceptions aren’t many and the disclosure has to be very specific. For example, when a client makes an imminent threat of serious harm to someone, or similar situations.
The Aranda Law Firm takes its obligations very seriously when it comes to confidentiality of client information. Criminal charges are a serious thing and you need to communicate openly with the person responsible for your defense. You want an attorney you can trust to keep your information private and to present a vigorous defense. Contact the Aranda Law Firm immediately if you have been accused of a crime. The sooner you call, the sooner we can start working towards your best outcome.
Tips for Finding a Criminal Defense Attorney
If you or your family member has been arrested on suspicion of criminal activity, you need to find a criminal defense attorney. You are going to need an advocate to defend you or your loved one so you can make bail and start on your defense right away. You can try to avoid a conviction or reduce the penalties that a conviction can bring. Aranda Law Firm provides legal representation to clients in criminal cases, personal injury claims, and family law. Our El Paso firm understands how difficult it can be to find the right lawyer, so we want to help put your mind at ease.
When you are looking for a criminal defense attorney in El Paso, you want to make sure that the attorney actually has a long track record of practicing criminal law. Many attorneys do not habitually practice criminal law and may not have enough familiarity with the system to be effective as your attorney. Your attorney needs to know how rules of criminal procedure work and should have a history of defending clients in similar past cases to yours. This way, you can be sure your attorney will know how to craft a compelling argument and present a good defense. You should also make sure your attorney has actually taken cases to court before and not just helped defendants to plead down. The Aranda Law Firm meets this criteria, and is very familiar with the intricacies of criminal defense.
Aranda Law Firm knows how to help clients mount a vigorous defense to criminal accusations. The most important thing to remember when facing criminal charges is timing. The sooner you begin crafting your defense, the better prepared your criminal defense attorney will be. Contact us today.
Tips for Finding a Good Criminal Defense Lawyer
If you or your family member has been arrested, you need to find a criminal defense lawyer you can depend on. You are going to need an advocate to defend you or your loved one so you can try to get them out of jail as soon as possible. A good lawyer will also help you try to avoid a conviction or reduce the penalties that a conviction can bring. The Aranda Law Firm provides legal representation in criminal cases to help figure out a way to help you or your loved one. Our El Paso law firm understands the intricacies of criminal law to better understand and help you with your predicament.
When you are looking for a criminal defense lawyer, you want to make sure the attorney actually has a track record of practicing law in the criminal field. Many attorneys do not practice criminal law and do not have experience in this particular area. Your attorney needs to know how rules of criminal procedure work and should have a history of defending clients in similar past cases to yours. This way, your lawyer will know how to craft a compelling argument and present a good defense. You should also make sure your attorney has actually taken cases to court before and not just helped defendants to plead down without actually going to trial. If all they do is plea out, the chances of them providing you with a good criminal defense is 
probably not very high.
Aranda Law Firm knows how to help clients mount a vigorous defense to criminal accusations because our legal team has years of experience in the criminal law field. Contact us today to learn more about hiring a criminal defense lawyer who can help you in El Paso and the surrounding areas.
Stay Out of Jail- Hire the Right Criminal Defense Attorney
After an arrest, hiring a criminal defense attorney can help you in many ways, like forming your defense and keeping you out of jail in El Paso. There are often ways to defend yourself against charges or to negotiate a plea agreement which does not involve jail time. If you do not understand the law, you could miss out on an opportunity to defend yourself or get your case dismissed. The Aranda Law Firm knows how to help defends develop effective legal strategies to maximize the chances of avoiding incarceration.
The Constitution exists to protect you from unfair prosecutions and to ensure you get due process. This grants you the legal rights to defend yourself against the charges filed against you. There are many situations where you can assert your constitutional rights to help you avoid being charged for a crime. If you are arrested in El Paso and the following happens, a criminal defense attorney might even be able to get your case thrown out.
Any evidence obtained in violation of your rights may be suppressed after your criminal defense attorney files a motion with the court. If a prosecutor is not able to use evidence against you, the prosecutor may be unable to prove a case beyond a reasonable doubt. This means that a guilty verdict and imprisonment becomes a distant possibility.
Sometimes, the best way to avoid imprisonment is to negotiate a plea deal with a prosecutor that takes jail off the table. In other situations, this is not an option but it may be possible for you to defend yourself or get charges dismissed. An experienced criminal defense attorney can assist you in developing a defense plan that is tailored to address the crimes you are charged with. After an arrest in El Paso, contact the Aranda Law Firm for help.
Why You Need a Criminal Defense Attorney to Help You
When you need a criminal defense attorney in El Paso, the Aranda Law Firm is here and ready to help. When facing criminal charges, you should contact our attorneys right away- don’t wait. You will have to make choices immediately on how to plead and our attorneys can provide advice before you decide if you should try to fight the charges.
Entering a Plea
After an arrest, you must be arraigned. This involves informing you of the charges being brought against you. You are going to be asked how you wish to plead. A criminal defense attorney can help you to explore the plea options available to you. Some defendants will plead not guilty and take a case to trial. In other cases, it makes sense for defendants to plead guilty in exchange for a deal with a prosecutor in which their charges and/or their penalties are reduced. The right plea option depends upon many factors, and you should talk with a criminal defense lawyer to find out what course of action is likely best for you.
Arguing for Bail
When you are arraigned and informed of charges against you, a bail hearing also takes place. You need to make a compelling argument for bail so you are not required to stay in jail in El Paso until the conclusion of your case. A criminal defense lawyer can help you to demonstrate strong ties to the community that show you are not a flight risk, so you can get a reasonable bail set.
Fighting for You Throughout Your Case
A criminal defense lawyer fights for you well beyond your initial hearing. An attorney with experience can argue your case in court to try to avoid conviction and can help to negotiate plea agreements with prosecutors.
To learn more, contact the Aranda Law Firm today to speak with a criminal defense attorney in El Paso.
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