Ask A Lawyer

Tell Us Your Case Information for Fastest Lawyer Match!

Please include all relevant details from your case including where, when, and who it involoves.
Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers.


By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided may not be privileged or confidential.

Using an Alibi to Defend Against Criminal Charges

by Randolph Rice on May. 13, 2017

Criminal 

Summary: Simply put, an alibi defense is a defense against criminal allegations that states the defendant was in another place at the time of the crime, so they could not have possibly been involved in committing the crime

Simply put, an alibi defense is a defense against criminal allegations that states the defendant was in another place at the time of the crime, so they could not have possibly been involved in committing the crime. When you plan to claim an alibi, it is generally required that you notify the prosecution in advance during the discovery process so that they have the chance to investigate your alibi.

Presenting an alibi is fairly common, however, simply suggesting an alibi is not enough for this defense to be effective. Instead, you have to present evidence to support your alibi for it to help you. This does not mean that you must prove your alibi beyond a reasonable doubt or by any specific standard, however. It is still the prosecutor’s job to prove you guilty beyond a reasonable doubt and evidence of an alibi works to cast doubt on the prosecutor’s case against you.

Evidence Supporting an Alibi

Each alibi case is different and will involve different types of evidence, including one or more of the following:

    • Witness testimony – If there were other people with you at the time of the crime, they can testify to your true whereabouts. This can be tricky, however, as often alibi witnesses are family or friends, who may be viewed as biased by the jury. Unless you have a completely objective witness, it is always good to have other corroborating evidence in addition to witnesses.
    • Records – Many types of documents can be used to support an alibi. Common records used are credit card receipts if you were at a restaurant, bar, or another type of business at the time. You can also use parking slips, attendance records for college courses, timesheets from work, or even cell phone or GPS records that show your physical location.
    • Video – Perhaps the most persuasive type of alibi evidence is surveillance video clearly showing that you were away from the crime at the time you claim.

Find Out how a Baltimore Criminal Defense Lawyer can Help You

An alibi is only one of many possible defenses in a criminal case. If you have been arrested, please call a Baltimore criminal defense attorney at the Law Offices of Randolph Rice at 410-288-2900 today.

1https://www.law.cornell.edu/wex/discovery

2https://www.law.cornell.edu/anncon/html/amdt14efrag7_user.html

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.