Using the Alibi Defense in a Burglary Case
If you are charged with burglary, it does not mean that you will automatically be convicted of this crime. As with any criminal case, it is up to the prosecution to prove beyond a reasonable doubt that you are guilty of the crime of burglary.
Your best option to successfully fight these charges is to hire an experienced burglary attorney. A burglary lawyer can defend you against these charges so you can obtain the best possible outcome in your case.
Defenses to Burglary (PC 459)
There are a number of legal defenses an experienced criminal defense attorney has available to help you prove that you are not guilty of this crime. Some valid defenses to burglary charges include:
- Evidence was obtained by an illegal search and seizure
- There was a lack of intent to commit burglary
- You had consent to enter the building or structure, and
- You have an alibi
Using one of these defenses successfully in your case could lead to a dismissal of the charges of a not guilty verdict.
The Alibi Defense to Burglary Charges
If you have an “albi,” it means that you were not at the location where the crime took place at the time it happened because you were at another location.
In a burglary case, your alibi can be established by having a witness or multiple witnesses testify that they personally knew you were somewhere else at the time the burglary took place. This could help your attorney show that you could not have been the person who committed the crime.
Using an alibi defense is not necessarily as easy as it sounds. The first thing you should do is provide your lawyer with a list of potential witnesses who can verify your alibi. Your burglary attorney will need to make sure that the witnesses or any other evidence used to show that your alibi is accurate is reliable and trustworthy.
For an alibi defense to be successful, it is best if you have some form of documentary evidence to establish your location at the time the crime occurred. This could include written verification that you were at your job at the time the crime occurred. It could be airline, train or bus tickets verifying that at the time the crime occurred, you were using one of these forms of transportation. It could be time-stamped receipts from a restaurant or a bar verifying that you were at one of these locations and not at the crime scene.
In addition, persons that can verify your whereabouts should be interviewed by your experienced burglary attorney soon after you realize that you are facing these charges. Your lawyer will obtain written statements from these witnesses, and if this matter goes to trial, they will likely be called to testify on your behalf.
If the jury hearing your case believes that your alibi defense evidence raises a reasonable doubt in their mind that you were in fact at the scene of the burglary, they are required to render a verdict of not guilty.
Contact the Burglary Attorneys at Wallin & Klarich Today
If you or a loved one is facing burglary charges, the first thing you should do is speak to an experienced burglary attorney immediately. At Wallin & Klarich, our skilled criminal attorneys have more than 40 years of experience successfully defending people accused of burglary in California. We know how to aggressively defend you if you are accused of a burglary charge. We will begin working for you as soon as you hire us to help you.
Our offices are located in Los Angeles, Orange County, Riverside, San Diego, San Bernardino, Torrance, Ventura, Victorville and West Covina, so you can find a dedicated Wallin & Klarich attorney to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.