What constitutes an alibi when it comes to criminal defense?
Allegations of criminal activities can lead to life-altering consequences for people in Florida, including jail time, fines and other penalties. However, all people are presumed innocent until proven guilty. To avoid conviction, the accused has to craft a solid criminal defense. The failure to do so can increase the chance of a conviction. It is important for people facing criminal charges to determine which types of defense arguments best suit them. One of the many defenses that can be used is an alibi defense.
Generally, an alibi defense refers to the location of the accused person when the crime was committed. The defendant can present substantial evidence to prove that the accused was in a different location, away from the crime scene, and therefore had no ability to commit the crime. To further solidify the alibi defense, the defendant may present witnesses’ accounts, which can prove the defendant’s location at the time the crime was committed. If the defendant is able to convince the court that they were not present at the crime scene, the judge may dismiss the case.
Although an alibi defense seems simple, defendants need to understand that prosecutors will do everything to prove in court that the defendant was the perpetrator of the crime. The defendant has to take counteractive measures if the prosecution questions the defendant’s alibis during trial. In addition, in some situations an alibi defense won’t work, so defendants should be prepared to offer additional arguments in their defense.
Building a strong criminal defense may require legal guidance. An accused person may choose to speak with a criminal defense attorney to learn more about their defenses and legal rights.
Source: Havinpa.org, “Defenses,” accessed Dec. 31, 2014