Please See Below for a Transcript of the Video
Hi, I’m Richard Waring, and I’m a criminal defense attorney in Charleston, South Carolina. If you’ve been arrested for Unlawful Carry of a Pistol, burglary, robbery, attempted murder, or some other crime, have you ever wondered how an alibi defense works in South Carolina?
First off, an alibi is an explanation given by someone who’s been charged with a crime that they were elsewhere at the time the crime occurred. So, a true alibi means that you did not do the crime you’re charged with. However, it’s important to understand that simply claiming you didn’t do the crime is not an abili; rather, you would have to show that you were at another specified place at the time the crime was committed, making it impossible for you to have been at the scene of the crime. Your alibi must cover the entire time during which the crime was committed.
Now, in a previous video I mentioned that the government has to prove you guilty beyond a reasonable doubt. So, despite the fact that you would be asserting an alibi defense at trial, there is no burden placed on you to actually prove that you were somewhere else at the time of the crime. Instead, the government has to prove beyond a reasonable doubt that you were present and participated in the crime.
If, prior to trial, the prosecutor requests that you notify him or her of any of your alibi defenses, your attorney will have to provide them with the specific place or places which you claim to have been at the time of the alleged offense as well as the names and addresses of the witnesses upon whom you intend to rely to establish this alibi. At your trial in Charleston, SC or another county in South Carolina, if you and your criminal defense attorney decide that your best course of action is to pursue an alibi defense at trial, ideally you would have evidence of some kind that proves that you were at a different location at the time of the crime, making it impossible for you to have committed the alleged offense.
Often times, this would be in the form of witnesses who would testify that you were at a different place at the time of the crime. The prosecutor, of course, would get to cross-examine these witnesses, and then the jury would have the final thought on whether your alibi witnesses were believable or not. The key is to make sure you have a good criminal defense attorney on your case who can help you determine what your best defense is, given the circumstances of your own case.
Ok, that’s it for now on alibi defenses. I hope you learned a little bit about this topic. And, if you’re in the Charleston, SC area or Lowcountry of South Carolina, feel free to give me a call anytime and we can go over the details of your burglary, robbery, assault, or whatever the case might be. Having prosecuted thousands of crimes before, I’ve got the experience on both sides of the criminal justice system to help you take a look at your case. Best of luck.
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