WHAT IS NECESSARY TO BE SUCCESSFUL WITH THE ALIBI DEFENSE IN COURT?
This is a very tricky area of the law that is not easy to pull off. Typically in order to be successful with the alibi defense, someone needs to get on the witness stand at trial and testify. If that person does or says anything that is not believable, not only will the alibi defense fail, the case could be destroyed along with it! If on the other hand, there is strong evidence that the defendant was somewhere else when the crime occurred, this is some of the best evidence that can be use to undermine the prosecutor’s case.
If the client has to testify in order to pull off the defense it is even more dangerous. Therefore, before I will permit one of my client’s to attempt to assert this defense, I will go over every aspect of the case as it related to the alibi defense and make sure it is air tight, or simply will not use the defense. Further, in order to use an alibi defense, you must give the prosecution notice and all of the witnesses and evidence you intend to use. If a defense attorney tries to catch the prosecutor off guard and spring the alibi defense on them, they do so at their client’s own peril. A good prosecutor can object and ask the judge to keep the evidence out for failure to comply with the discovery rules.
If you believe that you have a solid alibi defense related to a pending criminal case, please give me a call and set-up a free face to face appointment. I can give you the benefit of my 25 years of experience and we can truly evaluate the case from the ground up. If the defense is good, we can figure out how to best investigate, workup and utilize it. If the defense is weak, at least you will know and you can begin to think of other angles to successfully defend your case.
LEARN SOME OF THE BEST EVIDENCE TO SUPPORT AN ALIBI DEFENSE
There are many different forms that the alibi defense can take shape in a criminal case pending in Los Angeles County. Of course if there is video evidence of the defendant at a different location than the crime, this is probably the best evidence available to the defense. This is why it is so important to pin point when the alleged crime occurred before actually seeking to assert the alibi defense. Many times the prosecutors are intentionally vague about when the crime occurred, which makes it difficult to assert the defense.
Witnesses who saw the defendant at a different location than the crime at the time of the crime are certainly a form of the alibi defense. Of course if the witnesses have a direct connection or alliance to the defendant then they are not as effective as an independent witness who does not know the defendant. Records from a person’s employment and receipts of the person being at a different locations far from the crime scene are other forms of the alibi defense that can be utilized.
Another thing that must be kept in mind if you want to assert the alibi defense is that once you tell the prosecutors that you are going to use it and turn over the information that you have that supports the defense, they are then going to contact the investigating police officer on the case and have them check out the evidence and try and find evidence to rebut your defense. In the process of doing this if they are able to find additional evidence you were involved in the crime, then the defense can backfire. This is why it is so important to have a seasoned criminal defense attorney review everything.