“I wasn’t me because I was not there.”
Alibi defenses are legal defenses in which defendants present evidence that they could not have committed a crime because they were elsewhere when it occurred. Eyewitnesses, video footage, or receipts can all serve as examples of alibi evidence. Alibi defenses are valid in all U.S. jurisdictions, and if successful, they can result in an exoneration of your charges.
In this post, a New Mexico criminal defense lawyer will help you understand an alibi defense, how it works, and when to use one.
How Does an Alibi Defense Work?
There’s more involved in an alibi defense than simply stating that you were not there. You must prove your alibi defense in order for it to work. It is also worth noting that alibi defenses are not affirmative defenses.
Let’s take a closer look at the differences below:
Alibi Defenses vs. Affirmative Defenses
An affirmative defense requires you to establish that the defense applies to the particular charge. You must establish this by proving a preponderance of the evidence.
However, the defense of alibi does not fall under affirmative defenses. Further, a defendant is not required to establish an alibi. You assert the defense to cast reasonable doubt on the defendant’s guilt for the crime.
Presenting an Alibi Defense
To successfully present an alibi, your criminal defense lawyer must present evidence that shows you were not present at the location and time of the crime. They should also establish that the evidence creates reasonable doubt about the defendant’s presence, necessitating the defendant’s acquittal.
Pros and Cons of Alibi Defenses
While an alibi may appear to be a foolproof defense, it can have advantages and disadvantages when used in a criminal case. If you have an alibi, consider the potential advantages or drawbacks of this type of defense. A criminal defense attorney in New Mexico can assist with this evaluation.
Pros of an alibi defense include:
- Effective in many cases
- Not having to waive your rights
- Not required to establish beyond a reasonable doubt
Cons of an alibi defense include:
- Can be hard to prove
- Possible to self-incriminate
- Witnesses reliability and credibility
- Only having potentially biased alibis
An alibi is not always an appropriate defense for a criminal defendant. Grano Law Offices, P.C. can weigh the potential advantages and disadvantages of an alibi defense regarding the defendant’s particular circumstances and case.
How Prosecutors Challenge Alibi Defenses
It is worth noting that a prosecutor can attempt to refute alibi defenses in one of two ways: 1) Demonstrating that you never filed an alibi notice as a defense, or 2) Interrogating and casting doubt on your alibi witnesses.
Let’s take a closer look at both challenges below:
1. Not Filing an Alibi Notice
A prosecutor may attempt to refute an alibi defense by saying that you never gave an alibi defense notice. In most jurisdictions, a defendant must notify the prosecution in writing that they intend to raise this defense type.
2. Casting Doubt on Your Alibi
If you are using an alibi defense, the prosecutor may interrogate their credibility. They frequently attempt to elicit responses casting doubt on the defense. One common defense rebuttal technique is to ask questions that may call into question a witness’ credibility. For instance, a prosecutor may attempt to demonstrate that a witness is fabricating testimony to protect you.
How to Make Your Alibi Defense Stronger
If the prosecutor is successful, a judge or jury will reject the defense as a whole. Prosecutors may also challenge any physical evidence presented. Strategize your case and work toward a stronger alibi by hiring a New Mexico criminal defense lawyer.
We will look at every angle of your case and alibi to ensure that we present it in the best possible light. If prosecutors challenge your defense, we can also come up with creative solutions that help you prove your side of the story. You will have reassurance in knowing that we are by your side through the process.
Do You Need Legal Help Presenting an Alibi Defense?
An alibi defense will have a significant impact on your case. Before proceeding, it is critical to discuss the potential benefits and drawbacks of the alibi defense with an attorney as soon as possible. Grano Law Offices, P.C. will thoroughly evaluate your case and provide you with reliable legal advice regarding the best defense strategy to employ.
If the alibi defense is the best option, your lawyer can assist you in preparing and perfecting your defense before your court date. You can count on our legal team to stand dutifully by your side throughout the entire process. Get your Free Case Strategy Session by calling us at (505) 426-8711 or message me via my confidential contact form below.
