The notion of an alibi defense is familiar to most Americans. In essence, it asserts that you could not have committed a crime since you were elsewhere at the time the crime was done. But how can an alibi defense be established? Is it easier or harder to establish than other sorts of criminal defenses? Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The prosecutor’s responsibility in proving a case
In a criminal proceeding, the prosecutor must establish beyond a reasonable doubt that the defendant committed the offense. This is the highest legal threshold; it means that the evidence demonstrates that there is no other logical explanation than that you did the alleged crime.
Most criminal defenses require the defendant to show that he or she has a legitimate defense by a preponderance of the evidence. For example, if a defendant claims that he murdered someone in self-defense, he must establish that he acted in self-defense by a preponderance of the evidence (that it is more likely than not). This is regarded as an affirmative defense because it shifts the burden of proof back to the defendant.
An alibi is not an affirmative defense
Proving an alibi is distinct since it is not an affirmative defense. Instead, the defendant must only raise a reasonable doubt as to whether or not he or she was the perpetrator of the crime. The burden of proof for a criminal defense attorney would not be on the defendant to show that he or she was somewhere else at the time the crime was done. Instead, the lawyer would just have to create a reasonable doubt that the defendant was there at the location where the prosecutor asserts he was, rendering the prosecutor’s burden of proof difficult to fulfill.
Providing an alibi defense
A criminal defense attorney offers evidence to establish that the defendant was not there at the time and location where the crime was committed in order to present a successful alibi defense. Photographs, recordings, receipts, eyewitness testimony, and other evidence may be used to accomplish this. The lawyer would next try to prove that the evidence raises a reasonable doubt about whether the defendant was there at the time the crime was committed, requiring the defendant to be found not guilty.
Of course, an alibi must be convincing in order to be successful. If your alibi consists of your girlfriend claiming that you were home alone with her entire night and that no one else saw you, it is unlikely to be believed. If, on the other hand, you were observed by others or, better still, recorded on camera while you went about your business, your chances of constructing a successful alibi defense increase.
If you claim you couldn’t have robbed a bank because you were at a local home improvement store buying supplies to build a fire pit, it would be helpful if you had a time-stamped receipt to show your purchases, a video of you in the store at the time of the bank robbery, and testimony from people who saw you there. This form of proof might back up your claim of having an alibi for the crime.
Alibi defenses, while appearing simple, may be difficult to put up properly. Our attorneys at Chambers Law Firm are experienced in managing this sort of defense, as well as other forms of criminal defenses. To book a free first consultation and understand how we can help you if you have been charged with a crime, call 714-760-4088 or email dchambers@clfca.com.
