When charged with a crime it is vitally important to retain the services of a seasoned criminal defense attorney to protect your rights. At Rittgers Rittgers & Nakajima, our experienced criminal defense attorneys can tailor the best defense to fit the facts, circumstances, and allegations of the case. One of these defenses is an alibi defense.
What is the alibi defense?
An alibi defense is one tool available for arguing lack of responsibility for a crime. As opposed to a more general argument that someone else is responsible for the crime, an alibi is where the defense team presents evidence and witnesses to verify that the defendant could not have committed the crime because he or she was somewhere else when it is committed.
Ideally, the defense would feature both eyewitness testimony placing a defendant somewhere else as well as physical evidence to bolster that claim. It is especially helpful when those witnesses are unbiased or uninterested neutral parties. While friends or family members can also testify regarding a defendant’s alibi, a neutral party may carry more weight with the trier of fact since they have no prior ties to a defendant.
Additionally, in this ever-increasing digital age, multiple forms of evidence can be used to establish a defendant’s location. Things like personal and business security footage, doorbell cameras, and even social media posts can be used to show where a defendant was at when a crime was committed at another location.
How is the defense raised?
Ohio has very specific rules about how the alibi defense must be raised, which is why it is incredibly important to retain a criminal defense attorney familiar with the process. Like most affirmative defenses in Ohio (such as self defense), the defense team must give the prosecutor written notice in advance about the intent to argue an alibi defense. There are certain timeframe and content requirements with respect to this notice that are governed by statute and the failure to give timely notice can preclude a defendant from presenting this defense at trial.
What can Rittgers Rittgers & Nakajima do in these situations?
The criminal defense team at Rittgers Rittgers & Nakajima is experienced in utilizing any and every defense available in criminal cases. Recently, we represented an individual accused of committing a crime in Warren County, Ohio, but video footage and neutral eyewitnesses proved the defendant was out of state when the alleged crime occurred. After this evidence was presented to the prosecutor a favorable outcome was reached. This is why it is crucial to have an experienced defense team.
If you or someone you know needs a criminal defense lawyer, do not hesitate to contact the experienced attorneys at Rittgers Rittgers & Nakajima to schedule your free consultation today.