Accuser

An accuser is any person who claims another person is guilty of a crime. If the accuser or plaintiff makes a formal criminal complaint against the defendant for an offense and the state decides to file a criminal charge, the charges are generally presented in court before a jury or a judge, who hears the evidence of the alleged crime, and makes a decision of innocence or guilt.

If the plaintiff or the accuser presents sufficient evidence to prove their case, generally beyond a reasonable doubt, the accused (defendant) will be convicted of the accusation and be sentenced to time in jail or prison or forced to pay fines or penalties, as defined by state or federal law.

The 6th Amendment to the U.S. Constitution and your right to confront your accuser

In the United States persons are considered innocent until proven guilty. It is up to the accuser or the state, which files formal charges against the accused, to provide evidence to substantiate their claim. Furthermore, the 6th Amendment of the United States provides that “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.” The right to face your accuser applies both at the state and federal level, although it applies only in criminal prosecutions, not civil cases.

Accusers have the right to challenge testimony made by witnesses in court and statements offered outside of court as evidence presented at trial, including the right of the defendant to hire a lawyer and cross-examine all witnesses on the stand, or if the testimony is offered out of court, the accuser generally also has the right to cross-examine the witness at some point in the investigation or discovery process.

Availability and Cross-examination of the accuser

Although the U.S. Constitution guarantees the right of the accused to confront their accuser there are exceptions if the witness is unavailable. This exception is only allowed, however, if the witness has been previously cross-examined by the defendant. Unavailability can occur due to Fifth Amendment privilege against self incrimination, death, or memory loss.

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

If the police have charged you with a crime, it is time to talk to a criminal lawyer. Your lawyer can help you understand your options, review the evidence against you, and prepare your case for trial, if necessary.

The next step is to gather physical evidence of the incident, gather documents related to the alleged crime, make a list of the evidence from the crime scene, and make a list of all possible witnesses. All of this information should be presented to your criminal attorney.

There are also several steps you should NEVER take. For instance, do not talk to police or make any statements about the crime or your innocence or guilt without a criminal lawyer present, do not talk to the victim or witnesses of the case, do not submit to DNA testing without discussing it with a lawyer, and never, ever, destroy evidence related to the crime.

After the criminal charges have been filed

State and federal laws outline the processes that will have to be followed by both the prosecution and the defense after a criminal charge has been filed. Your attorney will have the opportunity to review all of the evidence that the state has against you and interview witnesses. If your case goes to trial, not only will you have the opportunity to confront your accuser, you will also have the right to a jury trial. Finally, the accuser will also have the burden to prove that you are guilty beyond a reasonable doubt.