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Is an alibi the key to your defense?

On Behalf of | Mar 14, 2023 | DUI/DWI

If you are indicted and charged with a crime that you did not commit, you need to figure out how to come up with a defense strategy. If you do not, you might end up paying the price for a crime you had nothing to do with. And you most certainly do not want this to happen to you or someone you love.

One of the most compelling legal defenses you can cite when facing a criminal charge is establishing an alibi. A credible alibi defense can dramatically increase your chances of an acquittal. But what is an alibi defense and how does it work?

Understanding alibi defense

Crimes like burglary or sexual assault require you to be physically present at the scene to execute. An alibi basically contends that you were not physically at the scene when the crime in question happened. In other words, you were mistakenly identified as the perpetrator of the crime in question.

To raise a credible alibi, you must provide evidence that you were at a different location when the crime happened and that you could not have committed it. The main aim of an alibi is to assert that the prosecution is going after the wrong person and that a miscarriage of justice is about to happen.

Here are three elements you need to satisfy when raising your alibi:

  • You were not at the scene when the alleged crime happened
  • You could not have committed the crime in question
  • You definitely did not commit the offense

Evidence that you can use to establish your alibi

During the trial, the prosecution has a duty to prove beyond reasonable doubt that you committed the crime in question. As a defendant, on the other hand, here is some of the evidence you can table to justify your alibi claims:

  • Eyewitnesses who were with you at the time the alleged crime happened
  • Any time-stamped photos or CCTV footage that place you away from the crime scene
  • Documentation like employee attendance register, plane or train tickets or credit card receipts

Protecting your rights

If you are charged with a crime you never committed, you need to protect your rights. Knowing your legal options can help you protect your rights when charged with a crime you did not commit.