If you have watched just about any show on television, you have likely heard of the term "alibi." This is what a person who has been accused of being involved in a form of criminal activity must give in order to prove that they had nothing to do with the act. While this term may be overused and misinterpreted because of the shows on TV, it is actually an important aspect of legal defense and is viewed as a respectable tactic on behalf of defense attorneys.

An example of how an alibi would be used goes like this: Joe Smith was accused of participating in a home robbery because according to the video footage, he fit the description and he drives the car that was spotted at the time of the incident. His alibi may be that he was at a restaurant with workers from his office and his car was parked in the lot for over 4 hours, plenty of time for it to be stolen and returned for a crime. Not only do his coworkers claim hat he was there the whole night, but the waiter and the video cameras verify he was as well. This alibi will prove that although his car was at the scene of the crime, his person was not.

If a defendant accused of a crime wants to practice their fifth amendment right to stay silent he testimony of an eye witness is also sufficient to prove the person with a legitimate alibi without forcing them to give up their right to not speak. In what circumstance would this be used? An example would be if Joe was on trial and he didn't want to talk and risk having the prosecutor bring up his past felony conviction and hold it against him. Even though a dozen people can verify he was at the restaurant, he may choose to stay quiet to protect himself.

Another aspect of an alibi is that the defendant who is being accused of a crime does not have to feel the weight of the "burden of proof" which means showing that his alibi is legitimate. The burden of proof rests entirely with the prosecution to prove that beyond a reasonable doubt, that Joe is guilty of the break in. Perhaps one of his co-workers didn't come forward about the alibi when initially interviewed. If they were to be on the stand, the prosecution might question her reliability because she didn't speak up the first time. And while they may true to say that the defendant is guilty because of her late statement, they jury can't be swayed by that. It is the responsibility of the prosecution to demonstrate with evidence that the defendant is guilty of the house break in without a reasonable doubt.

Under certain discovery rules in court, it is the responsible of the defense attorney to notify the prosecution of their clients alibi so that they have time to prepare for court with the new information. This pre-trial notice is a way of not catching them off guard with vital information in the case. If a prosecutor seeks to indict the defendant they will deserve a "demand for alibi" and within eight days the defense most report back will a fully detailed alibi presentation for the prosecution. This would include the names and contact information of every witness, the times and places, as well as any other information that maybe vital to the case.

In the event that you have been arrested for a criminal defense, contact a trusted attorney in your area to fight for your rights and protect your future. Use our website to locate one near you!