Does the State Have to “Disprove” Your Alibi in a Criminal Trial?

Many people accused of serious crimes in Georgia offer what is known as an alibi defense. An alibi is basically any evidence that shows you were somewhere else when the alleged crime occurred. To give a simple hypothetical example, say the police arrest and charge Mark with committing a murder in Atlanta. Mark produces two witnesses who say they were with him in Miami when the murder occurred. These alibi witnesses can help Mark’s defense even if he exercises his constitutional right not to testify at trial himself.

Girlfriend’s Testimony Not Enough to Help Defendant’s Armed Robbery Defense

It is important to understand, however, that merely having an alibi is not always enough to avoid prosecution or conviction. On the one hand, you do not have to “prove” your alibi. The burden of proof is on the state to prove your guilt, not on you to prove your innocence. On the other hand, the prosecution is also not required to “disprove” your alibi to secure a conviction. If the state presents sufficient evidence of your guilt beyond a reasonable doubt, the jury can choose to disregard the alibi evidence as unreliable.

The Georgia Court of Appeals recently addressed such a case. In Gordon v. State, the state charged the defendant with participating in two separate armed robberies. The first robbery occurred at a Winn-Dixie store. The second robbery took place at a pawn shop in Columbus. Witnesses described two men dressed in black and wearing bandannas entering the store and demanding cash and guns.

At trial, three men testified that they robbed the Winn-Dixie store with the defendant. In contrast, no eyewitness directly identified the defendant as one of the two men who robbed the pawn shop. That case was entirely circumstantial. For example, police found one of the guns taken from the pawn shop on the defendant. Surveillance footage of the pawn shop also showed one of the robbers wearing a red bandanna similar to the one worn by the defendant in the Winn-Dixie robbery.

After the state presented its case, the defense called the defendant’s girlfriend as an alibi witness. She testified that the defendant was with her the entire evening of the pawn shop robbery celebrating their anniversary. The jury nevertheless found the defendant guilty of the pawn shop robbery and various other charges.

On appeal, the defendant maintained the state failed to “disprove” his alibi at trial. The Court of Appeals rejected that claim and affirmed the conviction. The appellate court noted it was for the jury to weigh the credibility of the evidence. The jurors simply chose not to believe the girlfriend’s alibi testimony, which was their right.

Contact The Spizman Firm Trial Lawyers Today

Never assume that just because someone can vouch for your whereabouts when a crime took place that you are off the hook with the law. You need to work with a qualified Atlanta theft attorney who can assist you in preparing a vigorous defense. Call The Spizman Firm Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=856cbaa4-a931-4519-a30a-279c3c7c2d85