What to do if you have been falsely accused of a crime?

Being falsely accused of a criminal offence in Queensland can be one of the most distressing experiences of your life. The fear of being charged, losing your reputation, or even going to jail can feel overwhelming. However, how you respond in the first few days is critical. Acting calmly, strategically and with proper legal advice can make a major difference to the outcome.

If you have been falsely accused, you should not panic, argue with police, or try to ‘clear things up’ on your own. Instead, take the following steps immediately.

1. Stay calm and think clearly

It is natural to feel scared and confused when someone makes a false allegation. But reacting impulsively can make the situation worse. Staying calm allows you to process what has happened and to make sensible decisions about your next steps.

Police investigations can move quickly. Anything said or done in frustration may be used as evidence later. Take time to collect yourself and speak to a lawyer before taking any action.

2. Contact an experienced criminal defence lawyer

You should speak to a Queensland criminal defence lawyer as soon as possible. A lawyer can:

• Advise whether you are under investigation or likely to be charged

• Communicate with police on your behalf

• Help you prepare a list of potential witnesses

• Secure time-sensitive evidence such as CCTV, messages, call logs or GPS data

• Guide you through interviews, bail applications and any court appearances

False accusations can happen in many contexts, such as family disputes, workplace complaints, or mistaken identity. Early advice ensures that your side of the story is properly preserved from the outset.

3. Do not speak to police before getting legal advice

Many people believe that explaining themselves will make the problem go away. In reality, police may interpret your words differently or use them as evidence against you.

You have a legal right to remain silent under the Police Powers and Responsibilities Act 2000 (Qld). You are not required to answer questions (other than providing your name and address) without a lawyer present.

Do not contact the complainant, witnesses or anyone involved in the accusation. Doing so could lead to further allegations such as witness intimidation or attempting to pervert the course of justice under the Criminal Code 1899 (Qld), which carry serious penalties and may affect bail.

4. Preserve any evidence that supports your innocence

If you have been falsely accused, evidence can disappear quickly. Secure any material that could help your defence, such as:

• Text messages, emails, social media conversations

• Call logs and phone records

• CCTV or dash-cam footage

• Travel or location data

• Witness names and contact details

Provide these to your lawyer as soon as possible so they can assess what may be admissible in court under the Evidence Act 1977 (Qld).

5. Maintain your support network and protect your wellbeing

Facing false allegations can take a toll on your mental and physical health. Lean on trusted friends or family members who understand what you are going through. Having a support person present during lawyer conferences can also help you stay grounded and remember important details.

Avoid discussing the case publicly or on social media. What you post can be used against you and may prejudice your matter.

6. Understand what happens next

If police decide to charge you, you will receive a Notice to Appear or be arrested and taken before a Magistrate. The first court date usually deals with bail and disclosure of evidence.

Depending on the charge, your case may stay in the Magistrates Court or be committed to the District Court or Supreme Court for trial. Your lawyer will explain the process and develop a defence strategy — whether that involves negotiating to have the charge withdrawn, challenging the evidence, or preparing for trial.

Why early legal advice matters

Early involvement of a defence lawyer can:

• Prevent you from saying or doing anything that harms your case

• Ensure critical evidence is preserved

• Identify inconsistencies in the complainant’s story

• Prepare strong bail submissions to protect your employment and family life

• Improve the chances of charges being withdrawn before trial

Ashworth Lawyers has defended over 1,000 clients in the District and Supreme Courts across Queensland, including serious offences such as sexual assault, fraud, and assault. Early advice is critical and can make a difference to the outcome.

Frequently asked questions

Can false accusations be proven in court?
Yes. If the evidence does not support the complaint, the charge may be withdrawn or dismissed. In some cases, inconsistencies in witness statements or lack of corroboration can lead to acquittal.

Will I lose my job if I am charged?
Employers may suspend you pending the outcome, but a charge alone does not prove guilt. A lawyer can help you manage professional disclosure obligations, particularly for regulated industries such as health, finance or security.

What if police refuse to drop the charge?
If police decide to proceed with the charge, it does not mean the matter cannot be successfully defended. Your lawyer can challenge the prosecution case at every stage - from the committal hearing through to trial. This may involve cross-examining key witnesses at the committal hearing and legal arguments to exclude unreliable evidence. In other cases, it may be helpful to request further disclosure of evidence from the proseuctor, issue subpoenas, or gather defence evidence.

Our Brisbane criminal lawyers appear in all Magistrates, District and Supreme Courts across Queensland, and have extensive experience in defending serious and complex charges in Brisbane, Sunshine Coast and the Gold Coast.

📞 Speak to a leading Brisbane Criminal Lawyer on (07) 3012 6531 for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence. Our criminal defence lawyers are available now. No booking required.

The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact Ashworth Lawyers.

Last updated October 2025