Georgia Criminal Defense Blog

What Constitutes an Alibi in a Georgia Criminal Case?

Posted by Richard Lawson | Aug 13, 2018 | 0 Comments

As a Georgia Criminal Defense Attorney, I try to write as frequently as I can on Georgia Criminal Defenses so as to provide my readers a better understanding of the law.

Today, I will focus on the alibi defense and how it may apply in a criminal case in Georgia. This is not so that anyone can represent themselves if charged with a crime in Georgia. A legal defense should never be used without the guidance of legal representation.

Alibi in Georgia

The Georgia Code defines alibi in Georgia 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.

This may seem simple, but the alibi defense actually has quite a high standard than one would think. It does not mean that you can just show that you were somewhere else, and the charges you're facing are automatically dropped. 

The alibi defense requires concrete evidence that proves the absolute impossibility of the accused person's presence at the scene of the crime when the criminal offense was actually committed. This is the only way that the alibi can be fully successful. 

A combination of the following methods of evidence will most likely result in a successful alibi:

  • Credible Witnesses
  • Receipts
  • Surveillance Footage
  • Use of Credit/Debit Cards

The state of Georgia will still have to prove that the accused person is guilty beyond a reasonable doubt in order to reach a conviction. The alibi defense can completely negate all elements of a crime that someone is facing. 

Practice Note

As a firm, we specialize in Georgia Criminal Defense, and we are well-practiced and experienced in utilizing different types of defenses. 

If you or a loved one has been wrongfully accused of a crime in Georgia, contact a Georgia Criminal Defense Lawyer today. Your defense starts here.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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