Peter Blair | July 7, 2015 | Criminal Law Terminology
A defendant wishing to prove his innocence should team up with a highly skilled criminal defense attorney, who is experienced with using the alibi defense to show his or her client did not break the law. If the prosecution has the wrong person, the alibi defense will show the defendant could not have done the crime at hand because he or she was somewhere else when the illegal activity took place. It is important for witnesses to help prove the whereabouts of the defendant when the crime occurred. Having an alibi is critical in proving one’s innocence in court. With a well established alibi, it is extremely difficult for the prosecution to prove the defendant’s guilt.
Proving the Alibi Defense and examples
It is the job of the criminal defense attorney to raise reasonable doubt when it comes to the guilt of his or her client. If a solid alibi defense is presented, the prosecution then will seek to attack the credibility of the alibi witnesses. The prosecution may question the alibi witness’s relationship with the defendant or his or her interest in the case’s outcome, for example. The prosecution also may call into question the alibi witness’s ability to recall important dates and times and the existence of proof when confirming the alibi for the defendant. This is why it is very crucial for the criminal defense attorney to have – in addition to alibi witnesses – tangible evidence in hand when using the alibi defense. The tangible evidence needs to show the defendant was somewhere other than the scene of the crime and at the time of the crime. Tangible evidence may consist of a credit card statement, a ticket stub, store receipt, video footage and/or phone records.
For example, the defendant’s friend may tell the court they were together at a concert at the time of the crime, but showing the court the concert ticket stub is even more beneficial in proving the alibi. Perhaps, video evidence even shows the defendant was at the concert. This also can be presented in court to strengthen the alibi defense.
It also helps to prove an alibi defense when the alibi witness or witnesses are not well acquainted with the defendant. For example, if the defendant claims he or she was dining at a restaurant during the time the crime took place, it would be important for the waiter, who never met the defendant prior, to recall serving him or her during the date and time the crime took place. In addition, the more witnesses who can affirm the alibi, the harder it will be for the prosecution to prove the defendant’s guilt.
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If you are charged with a crime in California and believe you have an alibi, contact my office immediately. I can investigate the potential for an alibi defense and help you meet the necessary requirements to claim an alibi in court. Call today to get started on proving your innocence.