One of the best ways to prove you did not commit the crime you are being charged with is with the assistance of an alibi. An alibi witness is a person that can attest to your whereabouts on a certain date and time, but the testimony of an alibi witness does not always help a criminal case. Here are two important factors that can make your alibi witness help or hinder your criminal charges.
The person's credibility
One of the most important factors relating to your alibi witness is his or her credibility. Credibility describes whether people trust and believe a person. As you and your criminal attorney think about the alibi witness you have for your case, you will have to thoroughly examine the person's personality, looks, and past.
The court can scrutinize any witness that appears on the stand during a criminal trial. If your witness has a bad history with crimes or anything else, it may get brought up. The purpose of this is for the prosecuting attorney to attempt to disprove this person's credibility. If this happens, the testimony your alibi witness offers may not be believable, and it might put a hint of distrust and suspicion into the minds of the judge or jury.
How well the person's testimony matches the physical evidence
The second thing the judge or jury will look at is how well your alibi witness's testimony matches up with the hard evidence for the case. If the information your witness offers directly contradicts what can easily be proved with physical evidence, the court may also begin feeling suspicious of this person and his or her testimony.
For example, if your witness claims to be with you at a certain time but the evidence shows he or she was actually elsewhere, it will be hard for the court to believe anything this person says.
On the other hand, if the testimony matches up directly with the physical evidence you have, the court may believe this person and side with you on the case.
Before your lawyer will allow your witness to take the stand at court, he or she will have to thoroughly discuss the entire situation with him or her. Your lawyer may also dig into the person's past to find out if this person would truly help your case.
Having an alibi witness can help a criminal case, but it can also do the opposite. If you have any questions about criminal charges you are facing, contact a criminal lawyer, such as Novak Lee Atty At Law.