Alibi vs. Mistaken Identity: What’s the Difference?
Alibi and mistaken identity are similar yet quite different defenses that a suspect can use in a criminal case. In short, an alibi defense argues that the defendant wasn’t even at the location where the crime happened. A mistaken identity defense challenges evidence that tends to prove that the defendant was the one who committed the crime.
This article discusses the similarities and differences between alibi and mistaken identity. It also explains how a Marin County defense attorney can help with either defense.
What’s the Difference Between Alibi and Mistaken Identity?
The major difference between alibi and mistaken identity is what they are attempting to prove.
Essentially, an alibi defense attempts to prove that the defendant could not have committed the crime because they weren’t at the location. For example, the police accuse a person of committing a crime in San Francisco on January 1. However, the suspect can provide a plane ticket and other evidence showing that he was in New York City on that date. That is an alibi.
Mistaken identity, on the other hand, argues that the evidence alleging that the defendant committed the crime is flawed. For example, the police arrest a person and claim that surveillance video shows them at the scene of the crime. Mistaken identity would call into question the quality of the footage, the camera angle, and any other factors that might indicate the video is unreliable.
How Are Alibi and Mistaken Identity Defenses Similar?
The biggest similarity is that the defendant does not have to “prove” guilt or innocence.
In California, it is the prosecutor’s responsibility to prove that a crime happened. Each crime has separate requirements called “elements.” The prosecutor must show that the accused person committed each element of the crime in the specified way. If the jury finds that the prosecutor has established each point beyond a reasonable doubt, it can return a guilty verdict.
If a defendant decides to present evidence of alibi or mistaken identity, it does not alter the burden of proof. In other words, the defendant doesn’t have to prove their alibi or mistaken identity beyond a reasonable doubt. Rather, the goal is to create doubt for the jury.
Can Alibi and Mistaken Identity Be Used Together?
Yes. Because they attack different parts of the prosecution’s case, both can be used in the same case. So, a defense lawyer can challenge the eyewitness’s account while also offering evidence that the defendant was out of town at the time.
How Can You Prove an Alibi?
There are many ways to establish an alibi defense. The best type of evidence depends on the situation. As noted in the example above, an airline ticket or similar proof of travel can be helpful. Other useful evidence can include:
- Witnesses who saw you at the other location
- Surveillance footage
- Building access records
- Parking records
- Work or school login, attendance, or pay records.
- Medical records
- Time-stamped receipts for stores and other establishments
- Time-stamped photos, videos, or social media posts
- Texts, emails, and call records
- Rideshare history
- Fitness tracker data
Note that your phone’s GPS data may not be as helpful as you think. Most GPS positioning is approximate. Also, you can easily lose your phone or give it to someone else. As such, phone GPS data is best when paired with additional alibi evidence. Nevertheless, you should share this information with your Marin County defense attorney.
How Can You Challenge a Mistaken Identification?
How you challenge a mistaken identification depends on the source of the identification.
Eyewitness Identification
There is “a wealth of research” proving that eyewitness testimony is unreliable. In fact, nearly 70 percent of wrongful convictions are based on faulty eyewitness accounts.
There are many reasons for this, but in short, human memory is flawed. It’s not like a camera taking an unchangeable picture. Rather, it’s more like a shifting picture that changes over time and can be influenced. Police officers can subtly, or even unintentionally, influence the outcomes of common practices like photo arrays and line-ups through their questions, facial expressions, body language, and more.
Defense attorneys challenge eyewitness accounts in many ways. Many defense lawyers bring in experts to explain the issues with eyewitness testimony. Additionally, the lawyer can:
- Rigorously question eyewitnesses during cross-examination
- Establish facts that might have limited the witness’s ability to see, such as the lighting conditions, distance, and any obstructions
- Question the procedures and tactics used by the police during any lineup or photo array
Video Evidence
Doorbell and other surveillance cameras are increasingly used in prosecutions. There is also the issue of artificial intelligence being used to identify people. However, technology is not perfect. Lawyers can challenge these identifications by challenging or noting:
- The algorithm used by any AI applications
- How the AI was trained
- The limitations of AI facial-recognition technology
- The position of the cameras
- The lighting available to the camera
- How the cameras digitally filled in any missing information
- How weather conditions might have affected the accuracy of outdoor camera footage
- Any AI enhancements to video footage
Frequently Asked Questions About Alibi and Mistaken Identity Defenses
- Will the police verify my alibi?
Not directly. As they investigate, they may uncover evidence of your alibi, but you should not count on this. It’s better to ask your defense attorney to verify your alibi and talk to the police on your behalf.
- Can someone with a criminal record serve as an alibi witness?
Yes. Having a criminal record does not disqualify someone from serving as a witness, but the prosecution will likely raise the conviction to challenge their credibility.
- Can the alibi defense be used in both misdemeanor and felony cases?
Yes. The type of charge does not affect the availability of an alibi defense.
- Can a minor serve as an alibi witness?
Yes. California law allows people of any age to testify so long as they can clearly communicate and understand the importance of telling the truth.
How Can a Marin County Defense Attorney Help with Your Alibi or Mistaken Identity Defense?
Being accused of a crime is a serious matter. But providing evidence of an alibi or mistaken identity defense can help. Your defense attorney can build these defenses by thoroughly investigating the circumstances of the eyewitness identification or the identifying video.
If you’ve been charged with a crime in Marin County and need legal representation, contact Brownstein Law Group. We’ve helped hundreds of clients with our tireless and thorough approach. To learn more about what we can do for you, call 415-795-9059 or use our online contact form.