San Diego Criminal Lawyers Blog
Being arrested for a crime is a distressing situation for anyone. This is particularly true if the crime you have been arrested for is one you did not commit and you were the victim of mistaken identity. There are several examples of innocent people who have been arrested and convicted of crimes that they did not carry out. According to the Innocence Project, of all the wrongful convictions that happen across the country, mistaken identity is the leading cause of these injustices taking place.
After an arrest, it is recommended to get in touch with an experienced and seasoned attorney to have your rights protected. In San Diego, David M. Boertje is a San Diego criminal defense attorney who has your best interests in mind and can provide effective legal representation to help you secure the most favorable outcome for your case.
How Can You Fight Mistaken Identity?
Mistaken identity is responsible for approximately 70% of wrongful convictions. There are several ways that mistaken identity situations can arise.
Errors Made by Police
If the police suspect you are responsible for committing a crime they are going to question you. In doing so, they may employ various tactics to get you to say things that are self-incriminating. Or, the police may use similar methods when they speak to witnesses that motivate those individuals to make false testimony against you.
Errors Made by Eyewitnesses
In the absence of provocation by law enforcement, a person who was a witness to a crime can still make mistakes. This could happen from personal bias or from other issues with memory related to the event.
If you have been wrongly identified as the individual that committed a crime, it is important to get to work on building your defense and finding evidence that shows you were uninvolved with the incident in question. The good news is that there are a couple of things that your San Diego criminal defense attorney can look into to help you overcome your charges.
Once the 1990s began the technology available to forensic investigators made identification much more accurate. DNA testing can be a powerful tool to help those who are wrongly accused prove their innocence. This is one approach to fighting against mistaken identity.
Another useful defense is if you have a solid alibi, meaning that if you can prove you were somewhere other than the location of the crime scene when the incident took place, this can show that you were not the perpetrator of the crime.
Speak to a San Diego Criminal Defense Attorney Today
Because of the discrepancies and issues that come with eyewitness testimony, many states have moved to have judges inform the jury of the limitations that exist with these accounts.
It is important to do everything possible to show your innocence when you have been victimized by mistaken identity. When your future is on the line, having the right outcome is necessary. To learn more about how you can best protect your rights and how you can secure justice, please call the San Diego criminal defense lawyer David M. Boertje to schedule a free initial consultation at (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location.