A very common form of a criminal defense tactic is when an alibi is presented in court. An accused person can claim that they couldn't have committed an alleged crime because they were not in the location where the crime was committed at that specific time of day. It's a great way to help the defense and gather evidence that can be used to win their case, but there's an important question that must be answered: What makes an alibi hold up in court? There's a way that New York State law goes about adjudicating an alibi, and we want to educate you on how that works!

In this blog, we will take a look at some examples of an alibi and what can make an alibi hold up in a court here in New York State.

What is an Alibi and How Does it Work in Court?

An alibi is a legal defense that argues a defendant could not have committed the alleged offense because they were somewhere else when the crime occurred. The purpose is to create a reasonable doubt by showing that it would have been impossible or highly unlikely for the accused to have been present at the scene.

Here's a good example: if a person is charged with committing a robbery in downtown Buffalo at 12:00 am, but footage from security cameras and eyewitness testimony say that person was still at home at that time of night, those facts would support their alibi. But… simply claiming to have been elsewhere is not enough; you would still need more credible evidence to support those claims. An alibi must withstand scrutiny from the prosecution.

What Kind of Evidence Helps to Make a Strong Alibi?

A strong alibi is going to work if it's backed by evidence that can be verified by the authorities rather than relying solely on a witness's word of what they saw. There are several different circumstances for this based on the evidence, which includes:

• Security camera footage

• Cell phone location data

• Credit or debit card transaction records

• GPS or rideshare records

• Photographs or video evidence with time-stamp information

• Timecards and work schedules from your job (or college classes)

• Testimonies from a witness

The more evidence that can be added to the case that all comes to a similar conclusion, the more persuasive an alibi becomes to a judge and the jury. The courts and a jury will place a greater level of importance on documentation and digital records that can be difficult to fabricate than on testimony from friends or family who could lie and find a way not to help your side.

The Way an Alibi Works in New York State

Want to know a unique fact about alibis that people may not tell you? A defendant is not always going to wait until trial to reveal an alibi.

Under New York Criminal Procedure Law § 250.20 (Notice of alibi), the prosecution may serve a formal demand requiring the defense to disclose if they intend to present an alibi. The defense will respond by identifying where the defendant claims to have been and the witnesses who will support that claim. In this process, the prosecutor must also disclose any witnesses they plan to use to challenge the alibi before trial. 

The reason this law exists is that it helps prevent unfair surprise in a case and allows both the defense and prosecution to investigate the evidence before the case reaches a jury. If a required notice is not provided, the court may limit or even exclude testimony from undisclosed alibi witnesses, depending on the circumstances, although judges will also retain discretion based on the facts of the case as well.

Remember this: an alibi is not going to be accepted just because one is presented. Prosecutors will examine every detail of an alibi to determine whether the story is consistent and lines up to support reliable evidence. We believe you are going to have some needed questions, and a few examples consist of: does the timeline of events make sense? Are the statements from witnesses consistent? Is there evidence that could contradict a claim about the locations where a person was?

It's very important not to let even the littlest of inconsistencies present themselves in areas of the case that could become a focus during cross-examination. Evidence must be carefully reviewed on our part before we present a form of alibi to the court for judges and the jury to review.

Building a successful alibi requires the level of education that DuBois Law brings to the table daily. An experienced criminal defense attorney can help gather and preserve the evidence needed and ensure New York State's procedural requirements for presenting an alibi are all followed properly.

Every criminal case is unique, and what makes DuBois Law the best legal representation in Buffalo and WNY is that we work to understand you and not judge. We are here to educate you as much as possible and make sure your case goes as smoothly as possible. If you are looking to learn more or need help with a defense, give us a call or reach out through our contact form, and we will get back to you as soon as we can!

Criminal Defense FAQ

Can an alibi alone get criminal charges dismissed in New York State?

A strong alibi will create reasonable doubt and strengthen a defendant's case, but it does not mean that your criminal charges will be dismissed immediately. The alibi will be evaluated if it is supported by evidence. Under New York State law, procedural requirements are needed when the prosecution requests notice of an alibi. Working with an experienced defense attorney will ensure an alibi is properly presented and supported throughout the case.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.