Defense Strategies

Alibi Defense

 

WHAT IS NECESSARY TO WIN A CRIMINAL CASE IN LOS ANGELES BY USING THE ALIBI DEFENSE?

I think the most important word that could be used in describing what is at the core of a successful alibi defense in Los Angeles County criminal court is “credibility”. In other words, the use of an alibi defense must make sense and be credible and believable to anyone that sees the evidence. If the evidence is murky or suspicious then it will most likely not be successful and could possibly take the whole case down with it. I always warn my clients that if we are going to assert an alibi defense, we better make sure that it is air tight and not subject to question.

Unfortunately, I have seen in my 25 years of practicing criminal defense, many alibi defenses fall flat on their face because they appeared made up and did not have credibility. This situation will likely have the further affect of causing the jury to not trust or believe anything the defense says about the case. This is a recipe for disaster in a criminal defense case. Therefore, it is imperative that if an alibi defense is used it is strong and holds water. Otherwise, I tell my clients not even to go down that road, because of the potential downside of a jury becoming angered and believing the defense is trying to trick them.

If you have a question about using the alibi defense in the context of your case, I encourage you to set up a consultation with me and we can dig into what your best options are and what actually makes sense under the circumstances of your case. I will give you an honest straight forward assessment from someone who has tried over 200 jury trials and learned many crucial aspects of criminal defense over the course of my career.

THE LAW RELATED TO AN ALIBI DEFENSE

The Defendant must show that he/she was somewhere else when the crime/crimes were committed. If the jury has a reasonable doubt that the defendant was present when the crime was committed, they must find him/her not guilty. However, the defendant can still be found guilty for the crime if they aided/abetted or conspired with someone else to commit the crime. Many times I actually will go over the jury instructions with my clients to truly assess whether our alibi defense makes sense and can be successful. Call Hedding Law Firm at (866) 986-2092 or use online contact form.