What Is an Alibi in Criminal Law?

 Posted on June 27, 2023 in Criminal Defense

An alibi in criminal law refers to a defense strategy that aims to prove the innocence of a defendant by showing they could not have possibly committed the alleged offense since they were in another location when the crime was committed. A valid alibi needs to provide evidence that challenges the prosecution’s assertion about the accused party’s physical presence at the scene and during the indicated period of the crime. If you have been charged with a crime, the prosecution will not accept you simply saying that you were not at the scene. There must be evidence to back up your claim. To help you build a defense strategy to support your claims of innocence, contact a criminal defense attorney to begin working on a rock-solid defense.

Elements of an Alibi Defense Strategy

When a defendant claims an alibi, it is their responsibility to offer enough evidence to create a credible case identifying they were at an entirely different location than the crime scene at the time of the offense. To build a solid alibi defense strategy, it is necessary to have a witness who can provide excellent and substantial evidence of the defendant’s location at the time the crime occurred. Successfully doing so will likely raise the prospect of reasonable doubt in the jury’s minds, improving your chances of a favorable case outcome.

How Does an Alibi Work in Criminal Law?

Provided that an alibi has been established appropriately, its purpose is to create uncertainty regarding whether the accused person is the actual perpetrator. An alibi witness will likely be called to testify and be questioned at the trial. Obviously, alibi witnesses can significantly impact a case and help juries acquit certain individuals of a crime. In addition, independent tangible proof, such as credit card receipts or video surveillance, may further help the alibi witness’s credibility.

Will an Alibi Witness Be Cross-Examined?

In many cases, the prosecution may elect to cross-examine the alibi witness to weaken or disprove the testimony. The prosecution will often seek to undermine any plausible evidence put forth by the defense and challenge any discrepancies that they believe undermine the alibi’s credibility. A skilled cross-examiner may play on any uncomfortable aspects of the testimony and ask questions potentially calling into question the witness’s recollection and knowledge relevant to the defendant’s situation, thus subjecting them to further scrutiny.

Contact a Waukesha County Criminal Defense Attorney

For tenacious representation in your criminal matter, contact the experienced Dodge County criminal defense lawyer with Bucher Law Group, LLC. Call 262-303-4916 for a free consultation.

Source - https://docs.legis.wisconsin.gov/statutes/statutes/971/23/8