It is not unusual to be accused of a crime you did not commit. If this happens, the worst mistake you can make is to assume that you do not have to do anything about the accusation since you did not commit the offense after all.
Mistaken identity happens when a crime victim or an eyewitness wrongfully identifies you as the perpetrator of the crime in question. When this happens, it is imperative that you invoke your defense options as soon as you can.
How mistaken identity happens
Mistaken identities are caused by two factors:
- Estimator factors – factors the police have no control over during the investigation
- System factors – factors that the police have control over during the investigation
Sometimes, even the best of police procedures cannot change whether the victim or the witness saw the offender clearly during the offense. However, proper investigations can reduce the possibility of the witness or victim being influenced into making a false identification. For instance, leading questions during the investigation can influence the victim or the witness into identify the wrong suspect during a police lineup.
Proving mistaken identity during your trial
If you are a victim of mistaken identity, it is important that you start your defense by establishing a credible alibi. If your alibi can successfully place you at a different location when the crime in question took place, then you may successfully argue mistaken identity.
However, in the absence of an alibi, you can also prove mistaken identity by requesting or yielding to a DNA test. If your DNA cannot be traced at the scene of the crime, then you may successfully plead mistaken identity during your trial.
If you are accused of a criminal offense, it is in your best interest that you proactively defend yourself. With your freedom and reputation on the line, this is, without a doubt, the most rational thing to do.
