What to Do When Someone Dies Without a WillWhat to Do When Someone Dies Without a Will

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What to Do When Someone Dies Without a Will

Hello, my name is Kerry. Last year my mother died suddenly. When we went through her papers, we discovered she didn't have a will. My mother had been married to another man before she met my father and I had a couple of step brothers. Unfortunately, they turned up on our doorstep and started to demand that we hand over my mother's life savings to them and their family. I contacted a lawyer who specialises in probate law. She talked me through my case and explained how we would defend it in court. Thankfully, the matter was resolved to my satisfaction and I could start to grieve for my mother. I decided to start this blog to help others who have a contested will on their hands.

Alibi as a criminal defense tactic

17 January 2017
 Categories: Law, Blog

You've probably heard of a defendant using an alibi to have his or her criminal charges dropped, either in a movie or in real life. However, what does an alibi mean? Why should you use an alibi as a criminal defense tactic? Read on for more insight.

Alibi

In simple words, an alibi is evidence that shows a defendant caught up in a criminal case proceeding was at another place and not the crime scene at the time that the offense was perpetrated. Take an example of Steve who is charged with the murder of John. As part of his defense, Steve shows evidence that he was actually attending a lecture in university at the time when the murder is alleged to have occurred. That proof may be in the form of his fellow classmates who saw Steve in class that day, an attendance list proving he attended the lecture, or a recording of the lecture on that day highlighting him in class, among other things. That proof shows an alibi. Therefore, an alibi defense can be used by a defendant to verify that he or she was not at a specific place at a specific time and therefore, couldn't have perpetrated the crime.

Validity of the alibi

Luckily, accused persons who offer alibi criminal defenses don't assume the duty for proving the authenticity of the alibi. Actually, the burden of proof lies with the prosecution. Often, the defendant involved in a criminal case is expected to reveal the intention to use alibi proof at trial. This customarily comes up during the discovery phase, when both the defense and prosecution exchange details regarding the facts of the criminal case.

This affords the prosecution the chance to examine the legitimacy of the alibi, and either choose to challenge its integrity or drop the criminal charges against the suspect. A good criminal defense lawyer will therefore make sure your alibi is above criticism so that the jury can issue a ruling of not guilty. Basically, your criminal lawyer will interview the witness alibi and analyse the information in order to find the best way for the alibi to appear in court as part of your defense. Moreover, any likely problems during the witness assessment can be foreseen early and taken care of by your criminal lawyer in order to avoid the genuineness of the alibi being cast in doubt by the prosecution.

If you are accused of a crime you haven't committed, you can rely on an experienced criminal lawyer to devise suitable defenses, for example an alibi, to have your charges dropped.