Our Flagstaff Criminal Defense Lawyers Explain the Evidence You Need to Establish a Solid Alibi if You've Been Charged With a Crime
You weren’t even at the crime scene, and now you are facing criminal charges, jail time, fines, and long-term consequences for committing a crime in Flagstaff or Northern Arizona. But an arrest is not a conviction, and you have the right to raise all possible defenses to fight the charges against you.
One powerful defense that might help you is the alibi defense. If you are going to use this defense effectively, it’s essential to contact an experienced Flagstaff criminal defense lawyer at Griffen & Stevens, PLLC. We can evaluate the evidence to determine if you have an alibi defense, and we will raise other applicable defenses to help protect your rights and achieve a fair outcome in your criminal case.
When facing criminal charges, such as DUI, a sex crime, or murder, in Flagstaff or Northern Arizona, it is crucial to consider every available defense, even if you think you committed the crime. Mounting an aggressive defense strategy may result in the charges being dismissed or reduced to a less severe offense through a plea bargain.
The Alibi Defense in Arizona
The alibi defense is a legal strategy used by defendants to prove that they were elsewhere when a criminal offense was committed and, therefore, could not have been involved. This can be a compelling defense if you have been falsely accused of committing a crime.
If you are raising this defense, you need to remember that you do not have to prove your alibi beyond a reasonable doubt. Instead, you must present enough evidence to create doubt in the prosecutor's case and show that they cannot meet their burden of proof.
Evidence Needed to Support an Alibi Defense
Raising an alibi defense is complicated, and you should not try to use it to defend yourself without the help of a skilled criminal defense lawyer. To successfully present this defense, your attorney will need to gather and present various types of evidence demonstrating your absence from the crime scene. Here are some examples of evidence that our Flagstaff criminal defense lawyers may use to support an alibi defense:
- Neutral eyewitnesses. Witnesses who do not know you and can testify to your whereabouts at the time of the crime can be invaluable to your alibi defense. Their testimony can provide crucial corroborating evidence to support your claim of innocence.
- Video footage. Surveillance footage from cameras at locations where you were present during the time of the crime can serve as compelling evidence to support your alibi. In addition, if a friend or family member videotaped you somewhere else while the crime was being committed, this can be helpful as well.
- Photographs. Similarly, photographs taken at events or locations where you were present can help establish your alibi. Photographic evidence that timestamps your presence can be particularly persuasive.
- Receipts. Receipts from purchases or transactions made at stores, restaurants, or other establishments can be concrete evidence of your location at a specific time. Collect any relevant receipts that may support your alibi.
- Electronic data. Electronic records, such as GPS data from your smartphone or cellphone records, can provide detailed information about your movements and whereabouts during the crime. This type of data can be difficult to refute and can strongly support your alibi.
- Social media posts. Posts by family, friends, or you on social media platforms that timestamp your activities and locations can be useful evidence for your alibi defense. Be sure to preserve any relevant social media posts that may help establish your whereabouts.
- Witness statements. Testimony from friends, family members, or acquaintances who can verify your whereabouts at the time of the crime can bolster your alibi defense. However, they must be credible witnesses.
- Expert witnesses. In some cases, expert witnesses such as forensic experts or technical specialists may be able to provide testimony supporting your alibi. Expert analysis of evidence or data related to the case can strengthen your defense.