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State and Federal Criminal Defense Representation

The Truth About Using an Alibi Defense in a Burglary Case


If you’ve been arrested and charged for committing burglary in the state of California, that does not automatically mean you are to be convicted and sentenced. Your prosecutors must prove, beyond a reasonable doubt, that you indeed committed the crimes for which you have been charged. One of the most common forms of defense to any charge, whether lawful or personal, is establishing an alibi that proves you could not have committed the crimes.

But are alibis winning defenses in criminal cases? What are their limitations? When are they less likely to be believed? And how and when should you and your criminal defense attorney raise the fact that you have an alibi?

What Are Examples of Alibis in a Criminal Defense?

Examples of an alibi in criminal defense include…

  • Arguing that the accused could not have committed an assault because they were at a scheduled meeting or show and have witnesses that placed them there at the time.
  • Establishing that the accused could not have robbed a store because they were seen out of town at the time.
  • Proving that the accused could not have committed burglary because colleagues placed them at work during the time of the crime.

What Are the Advantages and Disadvantages of the Alibi Defense?

If the credibility of the alibi rests on eyewitness testimony, then the strength of the alibi understandably rests on the credibility of the witness. If the outcome of a trial comes down to a jury believing your alibi, then they have to be able to trust your witnesses providing testimony.

Evidence supplied by family members, friends, and loved ones of the accused is typically regarded as less believable in court, regardless of any oaths that witnesses might take because there is a belief that they may lie for the defendant. Witnesses who are impartial strangers tend to lend more credibility. But even better, any video, photos, GPS data, or card usage tend to be the strongest proof for establishing an alibi in court.

How and When to Raise an Alibi Defense?

It is necessary to raise the existence of an alibi as soon as possible. For best hopes of a winning defense, it is important to raise an alibi before going to trial. Typically, an alibi best proves reasonable doubt when presented by legal representation.

California law requires that prosecutors know all the witnesses and evidence that a defendant and their representatives intend to use in court. To ensure that you have the strongest criminal defense, it is advisable that you speak with an attorney who has relevant experience representing clients accused of burglary. Contact our law firm at (949) 990-4195 for legal assistance today.

The post The Truth About Using an Alibi Defense in a Burglary Case appeared first on Law Office of Diane C. Bass, A Professional Law Corporation.