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Alibi

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Ozark_Sophist

Senior Member
What is the name of your state? Missouri

On the probable cause affidavit and witness statements, my neighbor from hell and the deputy state I committed a crime at a certain time, date, and place. I was sitting for a mid-term exam and giving a presentation to a class of 40 students at that time. How can I present this alibi to the prosecuter to get the charge dismissed without forking over big bucks to a lawyer?
 


garrula lingua

Senior Member
Well, the Prosecutor usually gets ALL the info on a case from the investigator/deputy (if they deal with the defendant themselves, the Prosecutor can make him/her self a witness [ which means they usually can't try the case], and the defendant may later state s/he had an attorney and report the Prosecutor for unethical conduct (speaking to a represented defendant without the permission of the def's attorney).

For this reason, most Prosecutors don't want to speak with a defendant until the def appears at court and signs a waiver of atty (appearing in pro per/pro se - representing him/her self).
That's the only sure way the Prosecutor's butt is covered from zany defs ... and, also from irate Deputies who don't want the Prosecutor to speak with the def.
(Once the def makes an appearance as representing himself, the Prosecutor can freely speak to def & that's usually when new info regarding the merits of the case finally reach the Prosecutor.)

Some small, informal jurisdictions (Prosecutors) may speak with a def, but my guess is, it's pretty rare.

...regarding the Deputy. If you aren't being treated properly (or are being set up), I'd suggest you ask to speak with his supervisor & present your evidence to the supe.


And again, in small, rural areas you're probably going to be stepping on toes (so be prepared to prove up everything without any help from authorities).
Get your witnesses lined up (who can confirm where you were, when) and make sure your time line re the offense is correct.

PS: Prosecutors take an oath to 'do justice', so to speak. I believe at least 98% of them really take this to heart, and would be appalled at convicting an innocent person.
... The other two percent are Nifongs.
 

Bretagne

Member
Best to get an attorney to help you preserve and enhance your alibi defense. Although the state's information may state a specific time, date, and place, really they just have to prove that the crime was committed "on or about" a certain date. You don't want to screw around with this. It will cost you more to go to trial than it will to have an attorney seek a dismissal ASAP.
 

seniorjudge

Senior Member
Best to get an attorney to help you preserve and enhance your alibi defense. Although the state's information may state a specific time, date, and place, really they just have to prove that the crime was committed "on or about" a certain date. You don't want to screw around with this. It will cost you more to go to trial than it will to have an attorney seek a dismissal ASAP.

Correct.

Unless the crime was time specific (and not many are), then that "on or about" will usually get you.

But, Bretagne is correct. Get a lawyer. The prosecutor will try to snare you!
 

Ozark_Sophist

Senior Member
I had an attorney in the first place that got me in this mess. My neighbor from hell filed a petition for a RO in response to my petition for a RO against her husband. I have to use the easement to get to a public road and neighbor's husband threatened me, stood in front of my car (on video), and threatened to shoot me. I hired an attorney to represent me. He got the woman to admit the last time I communicated with them was five months ago, that I had never threatened her (other than with legal action for obstructing the easement five months ago -- which resulted in her husband threatening to shoot me), and that husband had unlawfully restrained me. Then he said I consented to the order. I never had a chance to testify or say I didn't want the order--neither did I sign the consent agreement. The circuit judge made a provision permitting me to use my legal easement. A fact the deputy and prosecuter are unaware.

So, yes I have been on this woman's property, but I have a court order permitting me to use the dang easement (the one they said they would do anything to make me move over--they already forced one neighbor to more).

I did not commit any crime other than use the easement. I paid for a lawyer who screwed up -- now I have to fork over big bucks to hire another lawyer.

The deputy's statement is factual and does not include the term "on or about." The statement of charges does, but it lists another date.
 

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