Alibi Defense in Missouri. When you’ve been charged with a crime, there are few defenses better than proving you were somewhere else at the time and couldn’t have possibly committed the crime. This is called an alibi defense, and it involves showing that it was impossible for you to have committed the crime because you were in a different location. Whether through witness testimony, phone records, or other evidence, an alibi defense can completely undermine the prosecution’s case.
What is the Alibi Defense in Missouri?
In Missouri, an alibi defense allows the defendant to show they were not present at the scene of the crime and, therefore, could not have committed it. Missouri’s Rule of Criminal Procedure 25.05 requires defendants to notify the prosecution in writing if they plan to use an alibi, including specific details like where the defendant claims to have been and who can support the claim. Under Rule 25.08, the prosecution must then disclose any witnesses they plan to use to challenge the alibi, ensuring both sides are prepared for trial.
Examples of Alibi Defense
In Missouri, an alibi defense can be supported by various forms of evidence:
- Credible eyewitnesses who can testify to your actual location at the time of the crime.
- Time-stamped records, such as attendance logs, work schedules, or timesheets, showing the person was at work or school during the relevant time.
- Train or bus tickets, ride-sharing receipts, or transit card records showing the person was traveling to or from a different location at the time.
- Call logs or text message timestamps showing the person was on the phone with someone or in a different location at the time.
- Boarding passes, hotel check-ins, or travel itineraries proving the person was away from the location in question.
- Entry and exit logs from secured buildings, such as office complexes or apartment buildings, indicating the person’s presence at a specific time.
- Posts, check-ins, or messages on social media platforms that are time-stamped, showing the person was online at a specific location.
- GPS or activity data from a wearable device showing the person’s location or activity during the relevant time frame.
- Footage from businesses, streets, or traffic cameras showing the person in a different location.
Challenges in Proving an Alibi
The prosecution will often try to discredit an alibi by attacking the reliability of witnesses, arguing that they have a bias or faulty memory. They might also use evidence like surveillance footage or cell phone data to place the defendant at the scene of the crime, directly countering the alibi. Additionally, if the defense fails to disclose the alibi and witness details according to Rule 25.05, the prosecution can move to exclude it from the trial. Strong, verified evidence is essential to overcoming these challenges.
Even though not being at the scene of the crime seems like an airtight defense, the prosecution will still be allowed to make their case at trial, and the jury will decide whether your alibi was proven or if the state’s case was stronger.
Call Combs Waterkotte for Your Alibi Defense
A strong alibi defense can make all the difference in a criminal case. Our Combs Waterkotte’s experienced Missouri criminal defense attorneys work diligently to gather credible evidence—whether through witnesses, records, or surveillance footage—and ensure everything is properly disclosed under Missouri law. We also anticipate and counter any challenges from the prosecution to ensure your rights are fully protected. If you or a loved one needs legal help building a defense, contact us online or call (314) 900-HELP for a free consultation.
