Most people are familiar with the term alibi. However, much like the Insanity Defense in Georgia, it has a much higher standard than how the mainstream media portrays it.
The defense of alibi in Georgia is defined by Georgia law as:
The defense of alibi involves the impossibility of the accused's presence at the scene of the offense at the time of its commission. The range of the evidence in respect to time and place must be such as reasonably to exclude the possibility of presence. O.C.G.A. §16-3-40.
The world alibi is a Latin term for “elsewhere.” An alibi is a complete defense against charges because it is a claim that the person being accused of committing a crime was somewhere else when the crime was actually committed.
But it's not that simple. It doesn't mean just merely showing that the accused person was somewhere else. The defense requires concrete evidence that proves the impossibility of the person's presence at the scene of the crime at the exact time of the crime's commission.
There are different ways that a person can adequately prove that he or she was not at the scene of the crime at the time of the crime's commission. These methods include:
- Credible Witnesses
- Surveillance Footage
- Use of credit/debit cards
When a defendant raises a defense of alibi, the prosecution or the State of Georgia will still have to prove that the accused person is guilty beyond a reasonable doubt in order to reach conviction. They will have to prove all the elements of the crime that the person is being accused of committing.
“A” is accused of robbing a bank. Evidence of the crime shows that the robbery occurred on May 2, 2018, between the hours of 1:30 am and 2:00 am. The bank robbery was recorded via surveillance camera.
If “A” claims that he was out of town in a different city at a work conference from May 1st to May 3rd, it may serve as his alibi defense.
“A” would need to provide proof of his exact location at that time. To best support his alibi defense, “A” should use documentation like flight tickets, hotel receipts, evidence from work, and credible witness testimony.
If such evidence was produced by “A”, it would show that it was impossible for “A” to be present at the scene of the bank robbery at that time.
As I mentioned earlier in the post, criminal defenses are much more complicated than they are portrayed to be. If you or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Attorney today.