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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27422
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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You helped answer some of my questions last Tuesday regarding

Resolved Question:

You helped answer some of my questions last Tuesday regarding my former partners false allegations of me stealing the company's laptop. Thanks again! I finally received a copy of the indictment and People's Voluntary Disclosure form. Under the Bill of Particulars it listed the date and place of the supposed theft as well as the date and time of their fabricated conversation where one partner claimed I threaten to destroy the laptop unless they pay me etc. I notice that as part of the People's Voluntary disclosure form there's an Alibi section.

I'm 99% sure that I was 40 miles away from the scene of the two places they claim that the event took place almost a year ago. However, the only way I can proof that I was in CT and NOT NYC was by looking at my old cell phone bill. It showed that on both dates, all my calls originated from CT. The only problem is on both of those dates I didn't make any calls before 4pm (they didn't specify a time on either counts). So my question is is this a sufficient alibi? The reality is that in the first date where they claim I stole the laptop from the office, I didn't have a building pass anymore and it's a secured building with check in etc. The second date, where one partner claimed we met at a hotel and I threaten them is a lie because on other occasions where we met, there was always emails/texts confirming time a place and there was none in this case. Any thoughts/suggestions? Sorry this is kind of long winded.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

No problem. Most defense attorneys don't like alibi defenses as there's usually too much wiggle room. Defendants generally think alibi defenses are very useful, but unless the alibi is airtight, the defense winds up taking on a burden it wouldn't ordinarily have to have and then try to support a less than perfect alibi. It is better to let the People have to bear the burden of proof beyond a reasonable doubt than for the defense to take on a burden of its own that it might not beable to meet.

For just as you suspect, given the distance between New York and Connecticut, yours is not likely to do you a world of good. Your lawyer can certainly manage to get the fact that you were in Connecticut on that day somehow before the jury without committing to the defense itself. Your lawyer is likely to say the same thing,and you should, of course, ask.
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Customer: replied 6 years ago.
That makes sense. I'm in the process of checking my home phone records for those dates to proof that I make calls in the morning and afternoon on those dates. Would that be air tight then? Again, I understand the benefit of waiting to show everything during trial but am trying to figure out a simple way of not having to hang this over my head until then.
Expert:  Zoey_ JD replied 6 years ago.

The defense that you go forward with is up to your lawyer, and you ought to talk to him about whether alibi is viable. I don't like alibi defenses. They are, for all of your enthusiasm, generally weak defenses, as any defense attorney will tell you.

It's really your lawyer's place to advise you why he isn't all that hot on an alibi defense for you, because he can explain to this to you with information that he has from the discovery he's got, while I am not privy to that information.

I did have an alibi situation once on a rape case and it was very much airtight. I notified the DA of it and the case was pitched by the Grand Jury who agreed to hear the alibi witness. It was a very unusual fact pattern and both the DA and I knew that the case would be tossed. If you have something that you think is absolutely airtight let your lawyer know, as it certainly can make for an early end to a case if (and only if) it's completely exculpatory.
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