Burglary, Arson, Home Invasion discovery mishap

[jelsummerville]

Jurisdiction

South Carolina

I presented the prosecution with my alibi a year and a half ago, when I just recently changed representation I received a copy of my discovery. My alibi was not included in the discovery packet I received or my new lawyer received. Is this considered mishandling of evidence?

 

[army judge]

I presented the prosecution with my alibi a year and a half ago, when I just recently changed representation I received a copy of my discovery. My alibi was not included in the discovery packet I received or my new lawyer received. Is this considered mishandling of evidence?

It's always a bad idea to allow the police to interview you.

It's never a good idea to offer an alibi prior to trial.

It's not your job to convince the police you didn't do it.

The police need not prove you did something, because all they need is to show you were the likely culprit.

Why?

Your words lock you into your defense.

Your alibi, which is tantamount to a confession of sorts, ties your defense attorney's hand!!!

In your case, you were still arrested and/or indicted.

If you have an alibi, the appropriate time to reveal it is when you decide to testify at trial.

A smart defense attorney calls your alibi witness to testify on your behalf at trial.

That leaves the decision whether you, the defendant, should testify open for discussion.

Some defendants are seen as unlikeable.
Some defendants have a past history, which often is suspect.

Your alibi isn't evidence.

Evidence is offered at trial.

Evidence comes in at trial if the judge permits it.

For example, your alibi might have been forced.

There are other examples I could cite, but I'll cut to the chase.

First, watch this video, a product of a friend of mine:

Second, when you asked your lawyer about the alleged missing CONFESSION, what was your lawyer's response?

That's what you need to do, mate.

Avoid the temptation to discuss your case, ask questions about your case with ANYONE but your attorney in this matter.

You help your case best by keeping your mouth closed about the criminal case facing you, which alleges you committed arson.

 

[Michael Wechsler]

The requirement is that the district attorney disclose their evidence to the defendant. I'm not sure what the issue is and whether it is substantive, especially since you already know your alibi. If you're just looking to find something technically wrong that makes no difference in your case, you're best not wasting time. Your attorney should know how to handle the issue and ask him or her as they are in the best position to do so. Even if you gave an alibi to the police it doesn't mean you are automatically exonerated. The police and prosecutor can choose to believe that you are not credible. And if the police did not follow up with regard to your alibi it is something that your attorney can raise questioning the strength of the prosecution's case and the presence of reasonable doubt.