THE ALIBI DEFENSE

 

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An Alibi Defense simply means that a person accused of a crime could not have possibly committed said crime, because that person was somewhere else at the time of the crime.

In Louisiana, whether being prosecuted in state court or federal court, an accused citizen is required to inform the prosecutor if they intend to utilize an alibi defense, upon request by the prosecutor.

The reason for these rules is the pursuit of justice.  If the prosecutor can validate the information proved by the accused the case should be dismissed.  It doesn’t happen often.  Most of the time the police do not even make the effort to interview alibi witness here in Louisiana.

If the prosecution asks for and is given information that the accused will utilize an alibi defense, the prosecution has the obligation to provide the defense with a list and contact information for witnesses it intends to call to rebut or disprove the alibi.

Finally, the court has the option of excluding alibi witnesses and/or testimony if it has not been disclosed under this rule.  The court may also excuse failures of disclose if it finds that there was  good cause.

The courts have also upheld statutes that require disclosure of alibi witness information before trial. Specifically in Williams v. Florida, the U.S. Supreme Court determined that a state law requiring alibi witness disclosure did not violate Fifth Amendment right against self-incrimination in that the alibi witness disclosure rules allow sufficient discovery to ensure a fair and speedy trial and prevents unnecessary surprise during criminal proceedings. Similarly, the prosecution is also required to disclose rebuttal and evidentiary witnesses to the Alibi Defense in order to comply with the rules of due process for said defense.

Attorney Martin Regan, Jr. has successfully employeed the Alibi Defense many times.  Recently, in the case of State v. Hamilton, he was able to prove that his client could not murdered Messy Myra because he was 50 miles away at the time of the murder on a college campus in Hammond Louisiana. Mr. Regan was also able to utilize cell phone telephone records and other evidence that demonstrated his client’s innocence.

Remember, the information provided herein is not intended as legal advice; instead we seek to provide you with a general idea of what can happen during the legal process.

Always seek competent legal advice. An Alibi Defense must be presented carefully by an attorney who has the knowledge and skill to successfully deploy the defense.

Our Trial Team can provide you with expertise necessary to succeed. Attorney Martin E. Regan, Jr. is an experienced, skillful attorney who, in 2013 won the acquittal of five defendants accused of murder; as well as, the freedom of many others.

Knowledge, experience and skill matter.  At The Law Firm of Regan Law, P.L.C., our primary interest is to provide you, our client, with excellent representation.

 

Read more…

http://www.ca6.uscourts.gov/internet/crim_jury_insts/pdf/12_Chapter_6.pdf

https://reganlaw.net/jason-hamilton-second-degree-murder-charges-dropped/

http://theadvocate.com/news/6860909-123/prosecutors-dismiss-murder-charge-against