Using the Alibi Defense in Georgia
An alibi is a defense to criminal charges in Georgia where the defendant says that they weren’t at the scene when the crime occurred.
According to Georgia law, as codified in O.C.G.A. § 16-3-40, an alibi defense involves the impossibility that the person accused of a crime was at the scene of the offense when it was committed. The evidence presented must reasonably exclude the possibility that the defendant was present. IN other words, an alibi is evidence that the defendant was somewhere else when the crime was committed. The defendant doesn’t only have to show that he was somewhere else when the crime was committed but that it was reasonably impossible that he was at the scene of the crime.
For example, if you are charged with murder in Dekalb County, but you are on surveillance video over an hour away in Cherokee County at the time of the murder, you have a valid alibi defense. Additional evidence, such as receipts from establishments in Cherokee County, or people to testify that you were with them in Cherokee County at the time of the murder will strengthen your alibi defense and create the reasonable impossibility that you were at the scene of the murder as required by Georgia law. It is important to hire an experienced attorney right away to help you gather and preserve the evidence you need for this defense.
In Georgia, defendants are required to provide prosecutors notice of their intention to present an alibi defense. However, this notice has several restrictions, as spelled out in O.C.G.A. § 17-16-5. First, the prosecutor must ask for the notice within 10 days of arraignment (or at such time as the court permits). Then, the defendant must provide written notice to the prosecutor within 10 days of the prosecutor’s demand or 10 days before trial, whichever is later. Along with the notice, the defendant must also provide the specific place where they claim to have been during the commission of the crime, and the identity of the witnesses the defendant will present to establish the alibi. In return, the prosecutor must provide the identity of witnesses they will use to rebut the alibi within 5 days of the defendant’s notice or 5 days before trial.
As you can see, the rules surrounding an alibi defense are complex. It is extremely important to have an experienced attorney by your side to help navigate the rules and preserve your right to present an alibi defense. The attorneys at W. Scott Smith possess a wealth of experience defending serious crimes like rape, murder, armed robbery, and aggravated assault, all of which may be defeated with an alibi defense. If you have been charged with one of these serious crimes in Gwinnett, Cobb, Fulton, Dekalb, Clayton, or Henry County, call our office at 404-581-0999 for a free consultation.