It hurts to be falsely accused of something, and not just on the psychological level. False accusations can lead to significant damage such as termination from your job, a tainted reputation, and more. If you were falsely accused of a crime in McAllen, Texas, you can file a defamation lawsuit to get compensation for your damages. Defamation happens anytime that someone tells an untruth about you, and that untruth hurts you. Specific kinds of defamation include libel (written defamation) and slander (verbal defamation).
Before you can sue, you must be exonerated or acquitted for the alleged crime. You cannot file a lawsuit with charges still proceeding. In this article, we’ll take a look at the steps required to get justice for false allegations of sex crimes in Texas.
Step 1: Contact an attorney you can trust
As a former state prosecutor, Juan Tijerina has over 12 years of experience representing clients in all kinds of civil and criminal cases. The legal team at the Juan Tijerina Law Firm is experienced in getting justice for their clients in county, state, and federal courtrooms. We know what’s at stake if you’re facing criminal charges or false accusations in McAllen. And we’re committed to helping you find solutions that allow you to face the future with confidence.
Step 2: Prove your innocence
Even if you’re innocent, a criminal defense attorney is often needed to prove it.
When it comes to charges for sex crimes, there are a few possible defenses available to you, including:
● Actual Innocence – which could be proven by an alibi or DNA evidence
● Consent – meaning you had reasonable cause to believe that the other party was giving consent for a sexual act.
● Insanity or Mental Incapacity – if you can prove that you had a mental disease or defect at the time of the alleged crime, you could have the criminal liability removed from your actions.
Gathering credible evidence and presenting a winning argument can be very challenging, especially if the other side puts up a strong fight. A criminal defense attorney can support you by guiding you through the nuances of Texas sex crime law and helping you convince a judge that you don’t deserve conviction.
Step 3: Figure out what your case is worth
Once you’ve resolved any charges standing against you, now it’s time to get justice for this unfair situation. Once you win your case by proving your innocence and having your charges dropped, you can then move forward with your lawsuit. But not too fast! It takes time and careful analysis to discover exactly what your case is worth. If you make a claim and accept a settlement too quickly, you might walk away with a lot less than what you deserve. When determining the value of your damages, you will need to consider the following potential damages:
● Loss of employment
● Loss of employment opportunities
● Emotional stress or harm
● Public ridicule
● Loss of standing in your community
● Tarnished reputation
● The judgment you faced (even if you are exonerated or acquitted, many people are quick to judge and slow to forgive you for what they assumed you did wrong)
● Other out-of-pocket expenses caused by the false accusations
Step 4: File your defamation lawsuit
Now it’s time to go beyond just avoiding unjust penalties. It’s time to get justice by claiming compensation for your damages. You can do this by filing a defamation lawsuit.
According to HG Legal Resources, a successful defamation lawsuit relies on the following factors:
1. The statements or allegations against you must have been false
2. There must have been actual harm done to you
3. There must be evidence to back up your case
In Texas, you have a one-year statute of limitations to file a defamation lawsuit. You cannot file a defamation lawsuit after one year from the date the defamatory statement was first made. This complicates things because if you have legal charges against you, you cannot start your defamation lawsuit until you are exonerated or acquitted. If you’re running up against the deadline, it’s critical to contact an attorney ASAP for help.
Get Started Today!
Have you been falsely charged with sex crimes in McAllen, Texas? At the Tijerina Law Firm, we can help you prove your side of the story. A criminal record can change your life forever, and we’re here to help you avoid a future impacted by a criminal conviction.
Even if your charges are dropped, false accusations can hurt your life in numerous ways. You have the right to get justice for the wrongdoing.
Turn your life back around. Contact the Tijerina Law Firm to fight for justice in McAllen, Texas. Call us at (956) 261-5609 or (512) 900-1126 or schedule a free consultation online.
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Tijerina Law Firm, PC
4016 N. 22nd Street
McAllen, Texas 78504
Phone: (956) 261-5609
Phone: (512) 900-1126
FAX (877) 395-1707