Court cases in television shows are always interesting to watch. This is mainly because these shows offer intrigue and suspense. This pumps up adrenaline and we get hooked to our TV sets. While all kinds of court cases attract interest, criminal cases are most popular because these cases always have an ace lawyer like Perry Mason who proves the defendant not guilty with some courtroom drama! However, criminal cases in real-life lack the glitz and glamor of a TV show or a movie. Criminal court trials are a serious affair with a lot at stake, especially for a defendant.
The defendant may face severe punishment like a life sentence, etc. They will also lose their reputation, and their jobs and may find it difficult to find employment due to the stigma of criminal charges. This is the reason that the accused needs the services of an expert criminal lawyer who can get him acquitted in court.
The lawyer may use different types of defense strategies to defend his client. In a criminal case, the burden of proof lies with the prosecution. The prosecution is required to prove the guilt of the defendant with the help of witnesses and evidence beyond a reasonable doubt. This implies that even if there is a slight doubt in the minds of the jury regarding the guilt of the defendant, the jury may give the verdict of not guilty.
The criminal defense attorney tries to create the doubt using the evidence he has gathered and the testimonies of witnesses.
One of the common defense strategies in a criminal case is an “Alibi.”
What is Alibi?
Alibi is proving that the defendant was not present at the scene of the crime when it was created. Alibi is usually proved by the testimony of witnesses who swear under oath that the defendant was with them or at a place where they have seen him at the time when the crime was committed.
A defendant does not have to give up his constitutional right to remain silent when he is offering the defense of an alibi. The defendant is not required to testify personally that he was absent from the scene of the crime. The defendant does not need to prove the validity of the alibi as well. The testimony is provided by the witnesses.
The defendant, however, needs to disclose that he relies on the alibi evidence in the trial. The protection works on collecting sufficient evidence to challenge the validity of the alibi. In case the prosecution finds that the alibi is valid, the case against the defendant may be dropped.
Alibi is not restricted to criminal cases alone, it may be used in civil cases as well! For instance, in a personal injury lawsuit, the defendant’s attorney may use the defense of alibi to prove that the defendant is not responsible for the injury because he was not present when the injury occurred.
Criminal laws vary in different states in the US. Hence, it is recommended that you hire a criminal lawyer who is knowledgeable about the criminal laws of the state!
Autrey Law Firm has a team of expert criminal lawyers with a high success rate!