In criminal procedure, an alibi is a form of defense where the accused person attempts to prove that he or she is innocent because they were in another place during the time that the alleged offense was committed. A lawyer can help to completely rule out a defendant in an alibi defense case. In Florida, specific rules of procedure must be followed in order to present an alibi defense.
Allison's story is an example of how an alibi defense is used in the criminal justice system.
At three in the afternoon on a sweltering hot Thursday in Florida, Allison was leaving the dentist's office after having two cavities filled. She clutched the side of her slightly swollen face, her mouth still numb from the novocaine the dentist had used during the procedure. It only took Allison a few minutes to return home, and as she walked into her house, she noticed that she had received a rather odd text message from one of her friends: “Have you spoken to Karen lately? Someone broke into your old house.”
Karen was Allison's former roommate, and their relationship had crumbled apart during the time that they lived together. On multiple occasions, Karen had falsely accused Allison of breaking this or that in their rental home, so Allison did her best to simply ignore her estranged friend. Instead of getting involved with any drama, Allison chose not to respond to the text message.
Some days later, there was a knock at Allison's door. Upon answering, she found two police officers standing side-by-side, their cruiser parked in her driveway just behind her own sedan. Allison asked the officers what was going on, and they informed her that there was a warrant out for her arrest. She had been accused of robbing Karen's house on Thursday afternoon.
Remembering her right to Plead the Fifth, Allison chose not to argue with the officers. She simply let them lead her to their cruiser, and she rode in silence all the way to the police station. It was embarrassing for Allison, a completely innocent woman, to be processed and put in a cell. Thankfully, her sister came to the station immediately to set Allison's bail, and she was released.
Though the charge was considered a nonviolent misdemeanor, Allison was in the process of looking for a fulltime job and knew that a record like that would hurt her reputation. She immediately hired an experienced attorney and explained that she was at the dentist during the time of the alleged robbery. Together, she and her attorney worked towards building her alibi defense to prove her innocence.
After Allison's name had been cleared, she chose to not have any further contact with Karen. Her former roommate was in fact robbed, but she jumped to the conclusion that it was Allison who had broken into the home. The spare key had been used to open the back door, and Karen determined that only Allison knew where the key was, but this was not the case. Thanks to Allison's good nature, her cavity-free teeth and a professional attorney, she did not have to suffer the consequences of a crime that she did not commit.
On Alibi Defense
Due to her alibi, it was doubtful that Allison was able to commit the crime in question. If you are being accused for a crime that you didn't commit, we suggest speaking with a professional criminal defense attorney as soon as possible. With a strong and truthful alibi defense, you and your attorney can attempt to deny false claims that have been made against you.
Contact us at Koberlein Law Offices in Gainesville and Lake City, Florida for more information on how we can help you declare your innocence.