The Role of Alibi Witnesses in Criminal Defense: Strategies and Challenges

An alibi defense can be a powerful tool in a criminal case. But presenting an effective alibi defense is more complicated than you might imagine, and begins with special procedural requirements. If you believe you have an alibi defense, it is important to tell your Jacksonville criminal defense attorney right away. Your lawyer will need time to investigate, talk to witnesses, provide proper notice, and perhaps secure other evidence.

What is an Alibi Defense?

An alibi defense is a claim that the defendant could not have committed the crime as alleged because they were somewhere else when the crime was committed. An alibi defense can be established through witness testimony or other evidence. However, simply having a close friend or family member say, “He was with me all evening!” usually isn’t the strongest possible evidence. The reason being that jurors may be concerned about the lengths people may go to protect the people they love. Thus the strongest alibi defenses may include different types of witnesses or additional evidence, including:

• Additional witnesses, especially any who may be less invested in the outcome of the case
• Video footage or photographs
• Time cards or digital time clock records
• SunPass or toll records
• Cell phone tower data
• Credit card receipts

The more evidence supporting an alibi defense, the better—especially when at least some of the evidence is documentation like time-stamped video footage.

Procedural Requirements for a Florida Alibi Defense

A defendant who plans to assert an alibi defense will be required to provide notice to the prosecution. The notice must include specific information, and be filed by a specific time as laid out in the Florida Rule of Criminal Procedure 3.200.

If the defendant fails to provide timely notice or fails to provide sufficient notice as is required by Florida Rule of Criminal Procedure 3.200, the court may exclude all evidence supporting the alibi with the exception of a defendant’s own testimony. As you can see, making an error regarding the filing of a proper notice of an alibi can be devastating to the defense and that’s just one reason why it’s critical to have an experienced criminal defense attorney in your corner.

An Example of How the Alibi Defense Works

Imagine that a civilian who was behind the wheel of a car in Jacksonville Beach is approached by a man who points a gun at the civilian. This gunman then removes the civilian from their car, after which point the gunman enters the car and drives away. The civilian then calls the police, reporting the armed carjacking and an investigation ensues. Now eventually a defendant is arrested and charged with this offense, at which time they tell their attorney they couldn’t have committed this crime because they were at dinner with friends in St. Augustine at the time the carjacking occurred. .

Upon learning about a potential alibi defense, a criminal defense attorney will first investigate the potential defense. To do this the criminal defense attorney would start by trying to get as much specificity regarding the location and time of the alleged crime. After which, the criminal defense attorney would look for as much evidence supporting their client being in a different location at that specific time. Such evidence might include:

• Testimony from one or more of the friends who were at the table
• Testimony from the server or other restaurant employees who remember the defendant
• Security footage from the restaurant showing that the defendant was there

Of course, the prosecution will likely try to shake witness testimony. For example, if there is no video footage, they may question whether the friends in the group or restaurant employees are remembering the time correctly. Testimony relating to the time can be bolstered by other types of evidence. For example, a server who came on shift at 8:00 p.m. and took over the defendant’s table from another server as soon as they started work would have a good frame of reference for the time. So might someone at the table who took a phone call during dinner and can verify the time of that call with their cell phone records, or who took scheduled medication during dinner or was keeping a close eye on the clock because they had to be home by 9:00 p.m. to relieve the babysitter.

If the defendant wasn’t at the restaurant at the exact moment the carjacking happened, the dinner might still provide an alibi defense, however, such an alibi defense may not be as strong as it could be. Imagine, for example, that the carjacking occurred at 8:00 p.m. in Jacksonville Beach, and the defendant didn’t join their friends for dinner until 8:20 p.m. Since it takes forty minutes to travel from Jacksonville Beach to St. Augustine, the defendant’s 8:20 p.m. arrival at the restaurant may still be used to prove that they were not in Jacksonville Beach at 8:00 p.m.

Note how much evidence may be required to present an effective alibi defense. A single witness can cast doubt on the prosecution’s claims, but may not be sufficient, especially if that witness has trouble holding up on cross-examination by the prosecuting attorney. A fuzzy timeline can also undermine an alibi defense. That’s why it’s especially important to work with an experienced criminal defense attorney in Jacksonville, FL. A seasoned criminal attorney will know which details need to be nailed down precisely, how to document those details, and how to secure and present evidence such as restaurant security footage. It’s also important to reach out to a Jacksonville criminal attorney as soon as possible, because video footage may be deleted and witness memories may fade–especially witnesses like restaurant staff who don’t know the defendant personally and see a lot of people at work every day.

Let an Experienced Criminal Attorney in Jacksonville FL Manage Your Alibi Defense

If you were somewhere else at the time of an alleged crime and think you can prove it, you may think your defense is simple and you don’t need help. But, procedural requirements and evidentiary rules make it more complicated than you might expect. The best way to protect yourself when you’ve been charged with a crime is to get reliable information and guidance from a knowledgeable Jacksonville criminal attorney as soon as possible after you are arrested or learn that you are under investigation.

Jacksonville criminal defense attorney Matthew Lufrano wants to ensure that people facing criminal charges in Florida have the information they need to make good decisions about their next steps. That’s why he offers free consultations. To schedule yours, just call (904) 513-3905 or fill out our contact form.