DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

What you need to know about building an alibi defense

On Behalf of | Jul 17, 2024 | Criminal Defense

The prosecution in your criminal case has the burden of proof, meaning that to gain a conviction they must prove your guilt beyond a reasonable doubt. That’s a high hurdle to clear, but you’ll still need to develop a strong criminal defense strategy to protect yourself as much as possible.

And you might have several criminal defense options available to you. Some of those include attacking the reliability of the prosecution’s witnesses, while others are focused on proving that your Constitutional rights have been violated and that certain damaging evidence should be suppressed.

One of the strongest defenses you might be able to use in your case, though, is an alibi defense. What does this entail? Let’s take a closer look.

What is an alibi defense?

Many criminal offenses require the prosecution to prove that you were present when the crime was committed.

In an alibi defense, you argue that you were somewhere else when the crime was committed, thereby leading to the conclusion that you couldn’t have been responsible for the criminal act in question.

When you raise this defense, then, you essentially argue that there’s been a misidentification of the alleged perpetrator of the offense.

Although the burden is on the prosecution to show that you were present and responsible for the crime in question, the more convincing of an alibi you can provide, the better. So, let’s look at what you can do to build a strong alibi defense in your case.

Tips for building an effective alibi defense

Remember, the success of your alibi defense depends on your ability to show that you were somewhere else when the crime occurred. So, consider the following evidence that might help support your position:

  • Witness accounts: If you were with other people when the crime was committed, then their testimony can go a long way toward proving your alibi. Just be prepared for the prosecution to attack the credibility of these witnesses.
  • Receipts: If you made purchases at or near the time of the crime in question, then your receipts can help create a timeline of where you were. This can give the jury a clearer sense of whether it was physically possible for you to be at the scene of the crime when the offense took place.
  • Video footage: If you stopped at the store or the gas station close in time to when the crime happened, then you might be able to subpoena their surveillance videos to demonstrate that you were there rather than at the scene of the crime.
  • Cell phone records: Cell phone companies can ping your location based on where your cellphone is physically present at any given point in time. This might help show that you were far from the crime scene when the crime was committed.
  • Photographs: Most pictures are timestamped, which can help show where you were at a particular time. So, be sure to check your phone and the phones of those who were with you on that day to see if any useful pictures were taken.

Don’t let a gross miscarriage of justice occur in your criminal case

While the criminal justice system seeks to hold accountable those who break the law, it should also be focused on avoiding the wrongful conviction of innocent individuals.

And remember, you are innocent until you’re proven guilty. To protect your freedom and your future, then, be as thoughtful and as aggressive as possible in building your criminal defense.