One defense that can be raised in a criminal case is an alibi. If there is evidence showing that the defendant was somewhere other than the scene of a crime and at the time the crime occurred then he or she has an alibi. For example, if John was charged with robbery in connection with a convenience store robbery that took place at 11 p.m. Saturday evening, but John has video proof that he was working his job at the exact day and time the crime took place, than he has a strong alibi.
Witnesses Can Help Establish an Alibi Defense
It is important to note that if a defendant wishes to rely on an alibi defense in court, he or she does not necessarily have to take the witness stand. If the defendant is afraid the prosecuting attorney will attack his credibility and bring up past mistakes, he or she can remain silent, which is his or her right under the United States Constitution. A defendant can use a criminal defense lawyer to help prove an alibi in court.
Another key in using an alibi defense is to have witnesses who can verify the alibi being used. Let’s consider John’s case again. If John is afraid his past robbery conviction will be used against him in court, he can choose to remain silent. However, if Jill and Joe were working with John on the day and at the time the crime occurred, then they may be called as witnesses by the criminal defense attorney.
To bolster John’s alibi defense, Joe, John’s boss, is able to show the video in court of John working in the factory on the day and at the time of the crime. A skilled defense lawyer is able to prove his or her client’s alibi without the client having to speak a word in court.
Understand Alibis and the Burden of Proof
Even if a defendant offers an alibi defense, it still is the duty of the prosecution to prove beyond a reasonable doubt that the defendant did, indeed, commit the crime at hand. If a defendant claims he or she has an alibi, he or she is not responsible for proving it beyond a reasonable doubt. His or her defense attorney will help to show the credibility of the alibi, with evidence, however. Going back to John. The prosecuting attorney must prove that he did rob the convenient store, despite the witnesses testimonies and video evidence used in court.
Call for Help…
If you or a loved one is in need of help with using an alibi as a legal defense in the State of California, and you are looking to hire a criminal defense attorney for representation, you can contact us at The Law Office of Peter Blair. We can provide a free consultation in office or by phone to (619) 357-4977 ready when you need us open 24/7.