What happens if you were accused of a robbery on January 10 but, at the time, you were in a different state? What if witnesses who were with you out of state can testify on your behalf that there is no way that you could have physically committed the crime? This may serve as something known as an “alibi defense” and could work in your favor in the courtroom. Of course, proof is needed in these cases to show outstanding evidence that there is no way it could have been you, such as flight tickets and hotel receipts, which will usually be dated and timestamped.
During a criminal case, the prosecutor must be able to make a case against you that you actually committed the crime, or else it will be thrown out. If you say that you were not there at the time of the crime and have evidence, they cannot make a case against you stating otherwise. The prosecutor must also be able to show that you conspired with somebody to commit the crime if they cannot move forward with charging you outright.
A Complete Defense Against Charges
If you use an alibi successfully, you have a complete defense against charges. Using an alibi correctly will entirely rule you out as the defendant in a crime. Alibis can be very powerful in the courtroom since they show that it is literally impossible that you committed the crime; however, they can become complicated because sometimes it may be difficult to prove beyond a reasonable doubt that you were not actually there through evidence. In many court cases, the defense has a responsibility to notify the prosecution that they will be using an alibi when it comes time for trial. This gives time to determine witnesses and make a proper case. This is covered under Rule 12.1 of the Federal Rules of Criminal Procedure, which state, “An attorney for the government may request in writing that the defendant notify an attorney for the government of any intended alibi defense.”
If you are willing to use an alibi in your case, you may have questions for us. We are here for you as your defense attorney to protect your rights every step of the way. Give us a call today to get started on your case.