Defending the Falsely Accused - Cowling Investigations, Inc.

Defending against false accusations requires specific knowledge and skill to prepare a proper defense strategy, something rarely done by anyone who has limited or no experience with these specific cases. A "let's wait and see" attitude can be deadly. False allegations cannot be defended the same as other criminal cases. For anyone falsely accused, you are guilty and you must prove your innocence if you plan to survive.

If falsely accused, especially of child sexual abuse, identified below are six things that you can do and one that you need to avoid.

Panic and defend haphazardly. This attitude is quickly seen when we receive a telephone call from an individual who has read only a small portion of the information available here and then asks, what can you do to help me," especially when that very issue is covered again and again, throughout this website. A panic defense can quickly result in a conviction and that is something we do not care to be a part of. Normally, when we do receive a telephone call of this nature, we simply ask the caller to contact someone else for assistance. This is not an attempt by us to be rude to anyone. It simply never ceases to amaze me when someone, being falsely accused of abuse and facing years in prison, is not willing to spend a few hours, educating themselves with material that it has taken us years to provide. If an accused does not understand what is going on, they will never know if what they are being told by anyone, specific to their defense, is correct or not. These cases are not normal criminal cases and, most of the time, it will ultimately come down to who is credible; the accused or the accuser. The accused plays a vital role in their own defense and that is not possible unless they have "knowledge" of the proper manner in which false allegations are defended against. Simply put, someone looking for shortcuts needs to look elsewhere. There are no shortcuts in defending someone's life and again, "scanning" material and then asking "What can you do to help?" suggests a real lack of interest on the part of the caller.
Do not take the allegation seriously. Again, quickly determined when we receive a telephone call where the individual tells us that they have their defense well in hand. They know that they are not guilty, so simply put, they are not concerned based on their belief that it would be impossible to convict them. Many of these have the unfortunate opportunity to later realize that they were wrong in their analysis when they hear the words from a jury, "guilty as charged."
Wait and see if the State has a case before you get excited. Without question, this is the most frequent advice given to the falsely accused; advice that can easily lead straight to a conviction and prison. For some reason, it never seems to occur to an accused, or their attorney, that a child who is making a false allegation of sexual abuse, is telling a lie and that a lie is easily expanded. A child, who falsely accuses, wants to be believed, so they keep telling their story. That is exactly the reason that one simple charge can quicky become 14 indictments as the defense "waits." The simple fact is, you may "wait," but depend on the fact that the prosecution will not.
Immediately begin a defense through education. The best advice for anyone falsely accused is to learn everything possible specific to their defense and do so as soon as the allegation surfaces. The worst possible scenario is to find that your defense is not adequate as your jury is being selected.
Properly prepare yourself for trial. Although there is no scientifically recognized profile or characteristics of a molested child, or of a child molester, when any accused sits before a jury, members of that jury will individually try to decide if the accused matches what they "think" a child molester "should" look or act like. Overall courtroom presentation and the testimony of the accused will have a great impact on every jury decision. In these cases, normally it comes down to the credibility of the accused against that of the accuser and, since the accuser is usually a child, the accused is fighting an uphill battle. Court preparation requires far more than simply being told to "tell the truth." A jury has the power to send an accused home or to prison. Normally, for an acquittal, especially in these cases, the "accused must convince their jury" that they are not guilty. In short, the accused must properly and positively communicate with their jury by appearance, action and testimony throughout their trial.
Retain an expert to assist as soon as the allegation surfaces. An expert is an individual who has a great deal of experience in preparing a complete and total defense specific to false allegation cases. Any defense must respond logically to each and every allegation including, why the child lied and where they got the knowledge to even make the accusation. The faster you retain such an expert, the better your chances of survival. You must prove that you are innocent or face a possible conviction, so be careful in listening to those who advise "now is not the proper time." The proper time is as soon as the allegation is made. We have a great deal of experience in dealing with false allegation cases and would be happy to consult with anyone wrongfully accused. Since 1989, I have personally participated in defending clients in over 500 false allegation cases and participated in just over 230 trials in 49 states, Mexico, Canada, England, France, Italy Japan and Brazil. Other efforts have included analysis of wrongful convictions and matters of child custody in false allegation cases.
Retaining the wrong expert. There are many individuals who advertise themselves as "experts" in defending false allegation cases and, as in every profession, among those "experts" you will find good and bad. Some are in it strictly for the money, some for their own personal glory and some because they honestly care. Unfortunately, there are those who charge unbelievable fees, then provide unsound advise, various testing that cannot be used and experts whose testimony would never be accepted. Our role in false allegation cases is that of a "defense strategist" rather than a private investigator. We analyze a case from the beginning, develop a defense to the allegations and then determine where in that defense various testing and experts apply in preparing a case for trial. Obviously, our ultimate goal is to "prevent" any case from going to trial, but if trial is inevitable, a positive and a "mapped" strategy is the only real solution to acquittal.

When seeking assistance, you may very well hear others degrade their competition. That is not something we do, so please do not ask our opinion of anyone else's ability, expecting a negative response. Each individual has their own methods that work for them and degrading another in an attempt "steer" someone "their" way and gain a fee is childish, immature and, at the very least, non-professional. When defending someone's life, there is no place for ego or immaturity on anyone's part. No one person knows it all. When someone has to trash another to gain business, it is simply because they have no work and are saying whatever they feel they must in order to make money and survive.

We, here at Cowling Investigations, have provided a vast amount of material at this website to assist anyone facing a false allegation, or who has been convicted based on the same. The best advice I can possibly offer anyone falsely accused is to mount an aggressive and immediate defense. Anyone advising otherwise is not the person facing the allegation and not the person who will go to prison should the final result be a conviction. These cases should never be taken lightly, regardless of the fact that the accused is innocent. In most cases, the system could care less about whether someone is innocent or not. They simply attempt to "validate" a child's allegation. Many prosecutors are thinking about headlines and not the possibility of innocence. If you have been falsely accused or wrongfully convicted as a result of a false allegation, call us today!