At Lessem, Newstat & Tooson, LLP, we understand how important it is for people to look after and care for their elderly loved ones. We also know that people who are put in this position might also face false accusations of elder abuse. That is why our seasoned criminal defense lawyers take on elder abuse cases on behalf of those who have been wrongly accused of harming an elder. Below, we explain what you can do to fight back against false accusations of elder abuse.
Consult with a Knowledgeable Lawyer
If you have been falsely accused of elder abuse, then you need to immediately consult with an experienced attorney who is familiar with this area of law. The last thing you want is to enter criminal or civil proceedings in the dark, not knowing the best legal strategies that can be used to prove your innocence and defend your reputation.
It is crucial to contact an attorney before giving any kind of statement or answering any questions you are asked by law enforcement. If you fail to consult with an attorney before speaking to the police, then you risk your answers being used against you in court.
By consulting with a knowledgeable attorney, you can explain the details of your situation and the accusations against you. The attorney will listen to what you have to say and can suggest the appropriate legal strategy or look for potential solutions that might apply to your case. Having a lawyer in your corner who has successfully handled elder abuse cases can ensure you have qualified advice as you navigate each phase the legal system.
What If I’m Accused of Financial Elder Abuse?
If you are named trustee of an elderly person's estate and you end up being sued because the beneficiaries allege that you performed financial misdeeds, such as abusing your power as the trustee or embezzling funds from a trust, then you can face both civil and criminal charges. For an elder abuse case involving finances, you need a criminal defense attorney who has access to a network of experts and forensic accountants who are good at math and accounting paperwork.
In order to convict you of financial elder abuse, the prosecutor must prove that you stole or embezzled the elder’s money or property. The basic element of proving theft is the accused individual’s intent. If an attorney can prove to the court that you did not actually intend to deprive the elder of the property or funds, then you will be found innocent.
What If I’m Accused of Physically Abusing an Elder?
If you are responsible for the physical care of an elder and are accused of abuse because the elder sustained a serious injury, even if the injury was accidental, then you can face criminal charges. Elder abuse charges can often be enhanced with severe penalties.
These types of cases require the assistance of a detail-oriented defense attorney who will thoroughly review medical records and knows where to look to prove that authorities failed to properly gather evidence, as well which types of evidence should be deemed inadmissible. If the elder accusing you of abuse has previously made false accusations or has a history of mental illness, then your lawyer might also be able to force the prosecutor to negotiate a plea.
Our Elder Abuse Lawyers Can Explain Your Rights Under the Law
Allegations of elder abuse can lead to very serious criminal charges that can result in significant jail time. If you or a loved one have been accused of elder abuse, then please don’t hesitate to reach out to Lessem, Newstat & Tooson, LLP as quickly as possible for reliable legal counsel. Our award-winning criminal defense attorneys can protect your rights and, if necessary, defend you if the case goes to trial. Our seasoned attorneys will come up with a legal defense strategy based on your specific circumstances and vigorously advocate for rights.
To set up a free, confidential case consultation with one of our criminal defense lawyers, please call (800) 462-7160 or fill out our online form.