Common Legal Defence — Alibi

Criminal Defence » Impaired Driving Articles » Common Legal Defence — Alibi
By Published On: June 6, 2023

If you are considering defending your charges at trial, Ottawa lawyers at Auger Hollingsworth want you to know that there may be many defences available. One of the more common defences is having an alibi.

Having an alibi is a defence that can be raised if the accused could not have committed the offence because he or she was not physically present at the location of the offence when it occurred. If the court concludes that the accused did not have the opportunity to commit the offence because he or she was elsewhere, the accused may be found not guilty.

If you maintain that you were somewhere else at the time of an offence, it is important that this is discussed privately with an experienced criminal defence lawyer. You may need to interview witnesses and secure evidence to confirm that you were where you say you were, and your lawyer will need to decide how and when to provide the notice of the alibi to the crown.

The Alibi Defence Can Possibly Be Rejected by the Court

Usually, the defence is not required to disclose anything to the Crown, but the law suggests that the Crown and police be given opportunity to investigate any alibi defence put forward; if this is not done, the alibi defence can possibly be rejected by the court.

Make sure you have a criminal defence lawyer who has the knowledge and experience to give you the advice you need to protect your legal rights. Contact a criminal defence lawyer at Auger Hollingsworth at (613) 699-8192 or at [email protected]

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