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(210) 736-4656
Call Us Today!
(210) 736-4656

Falsely Accused of a Crime

What to Do If You Have Been Falsely Accused of a Crime

Being falsely accused of a crime is something that occurs more often than you may think. Many people have found themselves in this situation and have had their reputations ruined because of the accusations. If this is the case for you, there are two important things you should keep in mind throughout this process.
Do Not Speak or Respond to the Accusations
The first thing to keep in mind is to not say anything that can and will be used against you in the court of law. You have a right to remain silent if an officer has started questioning you regarding a crime he or she believes you have committed. Also, take caution to anything you say to friends or family because these people may end up testifying against you.
Have a Trustworthy Attorney Involved
The most important thing to do if you have been falsely accused of a crime is to hire a quality attorney. This is the person you should be speaking to regarding any details related to the situation and anything he or she needs to know. Ask your attorney if charges have been filed yet. Also, if the police want to question you again, be sure you only do it if your attorney is present.
Do not say anything that can be used against you, so if you do choose to speak, use your words wisely, and have a trustworthy criminal defense attorney by your side the whole time. Call Martinez & Herrera immediately at 210-736-4656 and we'll fight for you and more importantly, your future!


Express News September 24, 2015:


Mistrial declared over mother’s death

Daughter was accused of using skillet in beating


Closing arguments were held in Judge Sid Harle's (pictured) courtroom where Bexar County prosecutors David Martin and Daniel Rodriguez are trying to seek one count of murder and one count of injury to an elderly individual against Rebecca Friese (pictured) at the Cadena-Reeves Justice Center on Thursday, Sept. 24, 2015. Friese's attorney Raymond Martinez argued to the jury that Friese was defending herself when she used a cooking pan to strike her 84-year-old mother, Lydia Friese, in the head at their apartment in March 2014. Lydia Friese lived for several weeks and passed away due to a pulmonary embolism or blood clot. Friese had plead not guilty on both indictments. (Kin Man Hui/San Antonio Express-News)

Mistrial declared over mother’s death.
Rebecca Friese was drunk when she got home in the wee hours of March 1, 2014, and encountered her elderly mother, Lydia.

But something led to an argument that, prosecutors said, ended with the 84-year-old mother lying on the floor, bleeding from her head and eyes after she was beaten over the head by her daughter with a cast-iron skillet.

Friese’s trial began Tuesday. Bexar County jurors deliberated Thursday in the 226th state District Court about whether to convict Rebecca Friese, 43, on one count of murder and one count of injury to the elderly, causing serious bodily injury.

After eight hours, Judge Sid Harle declared a mistrial when the jurors could not reach a verdict. Prosecutors have the option of a retrial.

Lydia Friese lived for seven weeks in a Comal County nursing home after suffering severe head injuries. She died April 19, 2014, from a pulmonary embolism, which prosecutors said was brought on by the beating that left her bed-ridden.

After getting a call about an assault, emergency crews arrived around 5 a.m. at the apartment complex where the women lived in the 1800 block of Bandera Road on the Northwest Side. 

Defense attorney Raymond Martinez said in closing statements Thursday that Rebecca Friese acted in self-defense and did not mean to kill her mother. He said there was no way to resolve what happened between the two before the attack.

“There’s no evidence and no eyewitnesses,” he told jurors. “We have no facts on how this (argument) started.”

Martinez told jurors that Lydia Friese had experienced dementia, possibly had Alzheimer’s disease and that she fell out of bed while at the nursing home. He questioned whether the pulmonary embolism was related to injuries received seven weeks earlier.

“She had several things going on that may not be related to the blow on the head,” he said.

But lead prosecutor David Martin said the defendant would get violent when she got drunk.

“She was so drunk, she was sitting on the steps (of the residence) and didn’t know where she was,” he said.

Prosecutors said evidence showed that Rebecca Friese may have attempted to attack her mother with a knife and that when her mother took the knives away, the defendant got an iron skillet and hit her “repeatedly,” which “caused severe lacerations to her head, and she had cuts and fractures on her face.”

Martin also told jurors that Rebecca Friese called a relative and told him: “I killed that (expletive).”

Prosecutors said that before the attack, Lydia Friese was very active for an 84-year-old. They said she could not shut one eye or get out of bed after the blows to her head.

Rebecca Friese did not testify in her own defense.


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