How to Demonstrate a Strong Alibi

When you've been charged with a crime you didn't commit, a good defense is crucial unless you want to end up behind bars while the real culprit runs free. A common defense tactic is to produce an alibi. When you demonstrate a strong alibi, you prove that you couldn't possibly have committed the crime, because you were somewhere else when it happened. Even if you have extensive legal training, you typically don't want to attempt this defense at trial without an attorney to represent you.^{[1]XResearch source}

Part 1

Part 1 of 3:

Choosing an Attorney

1
Seek referrals from family and friends. When you're looking for a criminal defense attorney, family and friends can be among your best sources for referrals. Since they know you well, they are more likely to recommend attorneys best suited to you.^{[2]XResearch source}
- Be cautious with referrals. Don't hire an attorney on the spot simply because a friend or family member recommended him or her.
- Even with a strong recommendation from someone you trust, you still need to make sure that attorney will be able to represent you well.
- Keep in mind that just because an attorney worked well for one person doesn't mean they'll work well for you. The relationship depends on a number of factors, including the crime with which you were charged and your ultimate goals.
- For example, the attorney who plea-bargained a good deal for your cousin may not be your best choice if you plan on defending yourself all the way to trial using an alibi.
2
Conduct an online search. In addition to any referrals you may have, it's generally a good idea to search on your own for criminal defense attorneys who are licensed to practice in your area. You also can find out a lot about an attorney's background and experience by reviewing their professional website.^{[3]XResearch source}
- Look for attorneys who are licensed to practice in your area and have experience practicing specifically in the court where your charges have been brought.
- Since you want to demonstrate a strong alibi, look for attorneys who are focused on fighting for a criminal defendant all the way through trial.
- For example, if you look through an attorney's website and can only find information on how good the attorney is at working with prosecutors to work out a good deal, that attorney may not share your goals.
- Keep in mind that many criminal defense attorneys specialize in plea bargaining and may have little to no trial experience.
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3
Schedule interviews with at least three attorneys. Most criminal defense attorneys provide a free initial consultation, so it shouldn't cost you anything to interview several. That way you can make sure you have the best attorney possible that you can afford to represent you.^{[4]XResearch source}^{[5]XResearch source}
- Since you've been charged with a crime, you generally want to hire an attorney as soon as possible. You may not have time to interview several attorneys initially.
- If you need an attorney at your arraignment so you can get out of jail on bail, hire someone for that hearing only. Make it clear that you intend to interview other attorneys once you're out and you aren't hiring them to represent you for the entire case.
- Once you're free, you can make time to schedule several initial consultations – but you still must act quickly. If one of the attorneys on your list isn't available for an initial consultation within the next week or so, strike their name and move on to the next.
4
Ask lots of questions. A free initial consultation is going to be pretty generic. The attorneys likely provide the same basic information to every potential client that comes into their office. Only by asking specific questions can you really figure out how each attorney will represent you, and what it's like to work with them.^{[6]XResearch source}^{[7]XResearch source}^{[8]XResearch source}
- It's a good idea to write down some questions before you meet with the attorneys, so you don't forget something while you're there.
- Be up front with each attorney about the fact that you want to plan an alibi defense, and find out how much experience they have with similar defenses – particularly whether they've represented clients similar to you, and what the outcomes were in those cases.
- Communication is important, so make sure you find out each attorney's preferred method of communication and how quickly they get back to clients when contacted.
- You also want to find out how much of the work on your case each attorney will do themselves, as opposed to work done by paralegals or other associates in their firm.
5
Compare and contrast the attorneys you've interviewed. After you've interviewed several attorneys, you should have all the information you need to make your decision on who you want to defend you at trial.^{[9]XResearch source}^{[10]XResearch source}
- Ultimately, you want to choose the attorney who has the most experience with cases similar to yours, and in whom you have the utmost trust and confidence.
- Avoid hiring an attorney, even if they're perfect on paper, if they make you feel uncomfortable or intimidated. This is especially true if they gave you the indication that they didn't respect you or believe you.
- Your attorney's fees will be important – especially if you have limited finances – but they shouldn't be the only, or even primary factor you consider.
- Keep in mind that your life and your future are at stake. If you are convicted of a crime, you could end up in prison for years, and could have difficulty later on getting professional licenses or finding work.
6
Sign a written retainer agreement. Before your chosen attorney begins work on your case, they should present you with a written retainer agreement that explains in detail how they will be paid and the work they will do for you.^{[11]XResearch source}^{[12]XResearch source}
- Your attorney should sit down with you and explain the retainer agreement in detail. Don't be afraid to ask questions if there's something you don't understand.
- If there's anything included in the retainer agreement that doesn't sit well with you, speak up. Even though your attorney may present the agreement as though it's unchangeable, remember it's not an agreement until you sign it.
- You may be able to get a better deal by negotiating the terms of a retainer agreement, but you'll never know unless you try.
- When you're satisfied with everything in the agreement, sign it and get a copy of the signed document for your own records.
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Part 2

Part 2 of 3:

Gathering Evidence

1
Construct a timeline of events. You should be able to create a basic timeline of events that took place the day or night of the crime. Use both the information you know and anything your attorney has received from the prosecution through the discovery process.^{[13]XResearch source}^{[14]XResearch source}
- You will need to find out when the crime occurred using information from the prosecution. Then go through your own information to determine where you were and what you were doing – not only when the crime itself occurred, but also immediately before and after.
- Depending on the type of crime, it may be necessary to account for your whereabouts for the entire day.
- This is especially true if the prosecution and law enforcement are unable to determine precisely when the crime occurred.
- Using documents such as your own planner or daybook, text messages, and bank statements, attempt to recreate a point-by-point timeline of your comings and goings throughout the day.
2
Seek documentation of elements of your alibi. An alibi can be strengthened with documentary evidence, such as receipts, that establish your presence at a particular location. Ideally you'll have documents that place you far away from the scene of the crime.^{[15]XResearch source}^{[16]XResearch source}
- For example, if you used your debit card, the receipt or the bank record of the transaction will include the date and time your card was swiped.
- A ticket from a parking garage can likewise present evidence of your location, but be careful. Proof that you parked in a particular area will only really help your alibi if that location was far away from the scene of the crime.
- For example, if you have a parking garage receipt from a garage downtown, and the crime occurred in a suburb 50 miles away, that parking receipt may help you.
3
Talk to eyewitnesses. Documentary evidence alone is not necessarily enough to establish a strong alibi. Anyone who was with you during the time the crime took place, or who happened to see you, can reinforce your story.^{[17]XResearch source}^{[18]XResearch source}
- Just because your car (or even your credit or debit card) was in one location while the crime occurred elsewhere, doesn't mean you were there as well.
- Someone may have borrowed your car, or your wallet may have been stolen. This is the angle the prosecution likely will take to refute such evidence.
- Eyewitnesses can corroborate the information established by your documentary evidence, strengthening your alibi defense.
- The witnesses you present must have had a clear view of you at the place and time, and should be reliable and trustworthy people.
- Keep in mind that if these people take the stand, they will be cross-examined by the prosecution. Your attorney will work with you to analyze the reliability of your witnesses and choose those best able to support your defense.
4
Identify other possible proof to back up your version of events. You may be able to find other evidence that connects you to your alibi, rather than the scene of the crime. Retrace your route to uncover additional physical evidence.^{[19]XResearch source}^{[20]XResearch source}
- Security cameras are everywhere, especially in larger cities, and can provide strong evidence to support your alibi – provided you were caught on tape.
- You also should look for evidence or documents kept by third parties. For example, suppose your alibi is that you were in class when the crime occurred.
- If your professor takes attendance, his or her roll sheet could be used as evidence that you were in class – as could any quizzes completed or papers turned in that day.
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Part 3

Part 3 of 3:

Presenting Your Defense

1
Challenge prosecution evidence that contradicts your alibi. At trial, the prosecuting attorney likely will construct their own version of events that places you at the scene of the crime. Poke holes in the prosecution's evidence to cast doubt on their timeline.^{[21]XResearch source}^{[22]XResearch source}
- Keep in mind that you don't have to prove the prosecution's version of events did not occur – you only need to cause at least one juror to doubt that it took place.
- Your alibi serves as an alternate timeline. Your attorney will use it to demonstrate how various items of circumstantial evidence do not necessarily place you at the scene of the crime.
- For example, if the victim was stabbed with a knife similar to the one you had on your person, your attorney could rebut that evidence by introducing reports showing that your knife was an incredibly common knife owned by thousands of people in the city.
2
Cross-examine witnesses for the prosecution. If the prosecuting attorney calls witnesses that testify that you committed the crime, you can use cross-examination to bring their perception, memory, or truthfulness into question.^{[23]XResearch source}
- Your goal through cross-examination is to get the prosecution's witnesses to admit that your version of events is possible, if not probable.
- Your attorney will ask each witness questions that are designed to break down the witness's certainty about the statements they made on behalf of the prosecution.
- If the prosecution has any eyewitnesses, your attorney also may ask questions designed to make the jury doubt their ability to see or hear clearly the things to which they testified.
3
Introduce alibi evidence. The evidence necessary to demonstrate a strong alibi must be produced by you on defense. This includes any documentation, witnesses, or physical evidence you have that you've gathered to prove you were somewhere else when the crime was committed.^{[24]XResearch source}^{[25]XResearch source}
- In most jurisdictions, you must tell the prosecuting attorney before trial if you plan to use an alibi defense, and provide them with any evidence or names of witnesses who you plan to call.
- Expect the prosecution to be ready for whatever you present, and have a strategy to counter or refute your evidence.
- Just as you had the opportunity to cross-examine witnesses, the prosecution will cross-examine any of the witnesses you call to the stand to testify on your behalf.
- Keep in mind that offering an alibi defense doesn't mean you have to testify. You still reserve the right to remain silent, and should only testify at your trial if you want to do so and your attorney believes it will strengthen your case.
4
Remind the jury of the burden of proof. As the defendant, you do not have to prove that your alibi is the true version of events. You only have to present enough evidence that the jury has doubt that the prosecution's story is true.^{[26]XResearch source}^{[27]XResearch source}
- Since jury verdicts must be unanimous, you don't even have to cause all the jurors to doubt the prosecution's case – you really only need one.
- Expect your attorney to rely extensively on the burden of proof when presenting your defense.
- If you have a cohesive story of your whereabouts when the crime occurred, documentation to back it up, and at least two witnesses to corroborate your story, you should have little difficulty demonstrating a strong alibi.
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