The Criminal Defense Law Center of West Michigan loves fighting for those who are falsely accused of a crime. We get outstanding results for our clients. We have over 25 years of experience fighting for our client’s rights!
We are aware of a case where a young man was falsely accused of committing retail fraud. The person had his facebook account hacked. The deviant criminal then purchased merchandise through the hacked account. This criminal then showed up to buy the merchandise and then proceeded to take the items without paying. Of course, the innocent young man was the main suspect.
The innocent man got charged for the crimes and was very upset about it. The innocent man lost the chance to get internships and jobs because of this criminal charge.
Hire A Great Criminal Defense Lawyer
The young man hired a good criminal defense lawyer who got to work for him right away. After aggressive representation, the prosecutor believed the alibi defense and agreed to drop all charges. Needless to say, this was a huge relief for the college student who was able to get back to school and working at his internships.
Definition Of An Alibi Defense?
If you want to raise an Alibi Defense, it must be shown that you were not at the scene of the crime when it happened. Alibi defense is not an affirmative defense under Michigan law. However, it is quite useful in getting a not guilty verdict at trial or getting a prosecutor to drop the charges.
Attorney Shawn Haff hopes this story will help others contact him with questions if they feel they have an Alibi defense. Do not try raising their defense on your own. It will most likely backfire on you. If you have any questions regarding the defense talked about in this blog, please call Shawn today at 616-438-6719. Shawn will be happy to answer your questions and get you the best results possible. Call Shawn now!
An Alibi and Reasonable Doubt
A prosecutor must still prove the defenant’s guilt beyond a reasonable doubt. A defendant does not have to provide an alibi defense beyond a reasonable doubt.
If the judge does not believe the alibi defense, the prosecutor must still prove all other elements beyond a reasonable doubt. If a jury does not believe an alibi defense, they still must believe beyond a reasonable doubt that the prosecution has proven all other elements of their case.
How to Raise an Alibi Defense
Most states require that a defendant must given notice to the local prosecutor of their intent to raise an alibi defense ahead of trial. If the defense attorney does not give the prosecutor this notice, the defendant may not be allowed to present the defense to a jury.
In a criminal jury trial, the defense must provide the prosecution with a list of witnesses who they intend to testify at trial. The defense will also have to provide what physical evidence they will present at trial. The prosecution is allowed to interview the defense witnesses before trial and inspect the physical evidence. If the defendant has an alibi, he usually must give the prosecutor separate, additional notice of the defense. This additional notice should explaining where the defendant was at during the time of the crime and what witnesses or evidence the defendant will present to support the alibi.