The crime-drama shows on television always follow the same general plot line: a crime is committed, a suspect is identified, but then the suspect has an alibi, and the search for the real killer/thief/attacker continues for the remainder of the episode. In these shows, the suspect with the alibi becomes a suspect in the first place due to some sort of incriminating evidence against him or her at the scene of the crime. For instance, a DNA sample was present at the scene of the crime that belonged to the suspect (a cigarette butt, a drop of blood, a wad of chewed gum, etc.), there was some sort of connection between the suspect and the victim (they were friends, ex-lovers, co-workers, business partners, etc.), or a witness alleges that he or she saw the suspect at the scene. Regardless of how it happened, the suspect got tangled up in the investigation of the crime. Fortunately, there may be an alibi defense that can help you get acquitted.
What Is An Alibi?
An alibi is a powerful defense to a crime, because having a valid, confirmable alibi means that you could not have committed the alleged crime because you were elsewhere at the time of the crime’s commission. You were out of the country on business, out to dinner with friends, or at a sporting event with thousands of other sports fans. Ultimately, anything that puts you somewhere else where other people can verify your story can be an alibi.
Because the prosecution has the burden of proving to the jury beyond a reasonable doubt that the defendant is the person who committed the crime, an alibi that is verified by a witness
makes for a significant piece of evidence in support of your innocence. Ultimately, the jury will make the decision whether to convict or not, but it is hard to refute that the defendant can be in more than one place at the same time.
How To Present Evidence of An Alibi
When you are the criminal defendant, and you have an alibi, this must be shared with the prosecution early in the case. You will be required to provide the name of the witness or witnesses that can testify to your alibi so that the prosecution can investigate your story. Your witness will most likely have to testify at court as to your alibi, at which time the prosecution can attempt to impeach or discredit your alibi witness. Alibi witnesses are just the same as any other type of witness and as such, they can be examined on the stand, cross-examined, and impeached, among other things.
When You Need A Massachusetts Criminal Defense Attorney