Alibi Defense in Missouri and Illinois. When you have been charged with a crime, few defenses are stronger than proving you were somewhere else at the time and could not have committed the offense. This is called an alibi defense, and it involves showing that it was impossible for you to have committed the crime because you were in a different location. Whether through witness testimony, phone records, or other evidence, an alibi defense can completely undermine the prosecution’s case.
What Is the Alibi Defense in Missouri and Illinois?
In both Missouri and Illinois, an alibi defense allows the defendant to show they were not present at the scene of the crime and therefore could not have committed it. In Missouri, Missouri Rule of Criminal Procedure 25.05 requires defendants to notify the prosecution in writing if they plan to use an alibi, including specific details about where the defendant claims to have been and who can support the claim. Under Missouri Rule 25.08, both sides have a continuing duty to disclose additional material or information later discovered before or during trial. In Illinois, Illinois Supreme Court Rule 413 also addresses alibi-related disclosure by requiring the defense to provide notice if it intends to rely on an alibi, and Illinois Supreme Court Rule 412 addresses the State’s disclosure obligations in response.
Examples of Alibi Defense
In Missouri and Illinois, an alibi defense can be supported by various forms of evidence:
- Credible eyewitnesses who can testify to your actual location at the time of the crime.
- Time-stamped records, such as attendance logs, work schedules, or timesheets, showing the person was at work or school during the relevant time.
- Train or bus tickets, ride-sharing receipts, or transit card records showing the person was traveling to or from a different location at the time.
- Call logs or text message timestamps showing the person was on the phone with someone or in a different location at the time.
- Boarding passes, hotel check-ins, or travel itineraries proving the person was away from the location in question.
- Entry and exit logs from secured buildings, such as office complexes or apartment buildings, indicating the person’s presence at a specific time.
- Posts, check-ins, or messages on social media platforms that are time-stamped, showing the person was online at a specific location.
- GPS or activity data from a wearable device showing the person’s location or activity during the relevant time frame.
- Footage from businesses, streets, or traffic cameras showing the person in a different location.
Challenges in Proving an Alibi
The prosecution will often try to discredit an alibi by attacking the reliability of witnesses and arguing that they have a bias or faulty memory. Prosecutors may also use surveillance footage, cell phone data, or other evidence to place the defendant at the scene of the crime and directly counter the alibi. In both Missouri and Illinois, disclosure rules can also affect how an alibi is presented at trial, which makes timing and documentation important. Strong, verified evidence is often essential to overcoming these challenges.
Even when the defense argues the defendant was not at the scene of the crime, the prosecution will still be allowed to present its case at trial, and the jury will decide whether the alibi was credible or whether the state’s evidence was stronger.
Call Combs Waterkotte for Your Alibi Defense
A strong alibi defense can make all the difference in a criminal case. As part of our broader criminal defense strategies, Combs Waterkotte works diligently to gather credible evidence, whether through witnesses, records, or surveillance footage, and to prepare for challenges from the prosecution. If you or a loved one needs legal help building a defense, contact us online or call (314) 900-HELP for a free consultation with our criminal defense attorneys.
