An alibi defense is a common type of criminal defense which is based on the idea of proving that the defendant was not present at the scene of the crime when it was occurring. The defendant must prove that he/she was somewhere else when the crime was being committed; hence, he/she cannot be the person committing it. Usually, witnesses testify that a person was in another place or doing another thing when the crime occurred, but it is up to the judge to decide whether the evidence presented by the witness is credible or not.
One simple example of an alibi defense is the following scenario; Mary is charged for killing her husband with a knife in their house. But Mary can present evidence that she was not at home when the murder was being carried out. Any person who saw Mary or was with her can testify that she was not at home when the crime occurred. For example, Mary’s mother may say that her daughter was at her place during the time the crime was being committed and the taxi driver may assert that he took Mary to a given address i.e. to Mary’s mother’s place.
However, an alibi defense if based on the testimony of a witness, may either weaken or strengthen the whole defense abruptly. The thing is that the credibility of a witness matters a lot and is of great importance. The judge deciding whether the defendant is guilty or not needs to believe the witness. But if the witness is a relative or a friend of the defendant, then he/she may not seem credible enough to jury or the judge. On the other hand, if the witness is a taxi driver or a hotel administrator or someone else who does not know the defendant, then it may be easier to convince jury or the judge that the defendant is not guilty. The thing is that family members or friends may lie for the defendant, while people who do not know the defendant in person may be more trustworthy.
An alibi defense may be quite effective if it is supported by photos and videos or audio and GPS records. Such evidence may not be easy to transform or change, hence it is more reliable than the evidence presented by a witness. But at the same time, we should consider that having such evidence does not mean that the judge is going to dismiss the charges. All evidence should be examined carefully before a court decision is made.
If you need legal help, you can contact the Margarian Law Firm for a free case evaluation and further legal assistance. The Margarian Law Firm is a California based full service law agency with a skilled staff and aggressive customer protection tactics. Contact the Margarian Law Firm at (818)-553-1000 for more information.