I have charges against me stating on a specific date I abused three kids. If I can provide witnesses that the kids were not at my house that night can I get those charges dismissed?
Most charges are stated as "on or about" a certain date and place. However, once a witness testifies and is nailed Down on specifics, an alibi defense can be devastating.
The date could certainly be important for your defense and you should provide this witness information to your attorney to determine the best way to use it.
Remy R. PerotCriminal Defense AttorneyBinghamton, NY ·
You would be putting on what is known as an "alibi" defense. To put on an alibi defense, your attorney or you will need to provided the DA Notice that you plan to uses this defense and you will need to provide names and addresses of potential witnesses. These are very serious charges and you should get an attorney as soon as possible to defend you on these matters.
Disclaimer: Please be aware tht this is a general answer and each matter is unique. Answering this
question also does not establish an attorney/client relationship.
Certainly if you have a credible witness to you not being at the place on a particular time and place this will help your defense. Now you need to discuss these things with your defense attorney.
You seem to have posted a few questions about your case. I can't stress how important it is that you should have a criminal defense attorney handling this case for you. Sexual abuse of a child is very serious and these questions should be addressed to your attorney that knows all the facts. Random attorneys on the internet can only give you general advice which might not even apply to your specific case.
Very often cases like this are prosecuted were there is a range of dates which gives the prosecutor great latitude and gives the child witness some leeway especially if the allegation is a course of conduct over a period of time. Take a good look at the indictment, complaint and the police reports.
An alibi is essentially a statement by you that you were not in the location where the crime occured. If you have an alibi, you will be required to provide notice to the DA. When you provide that notice, the DA will investigate your alibi (talk to the people you say you were with and see whether or not your alibi holds water). If you do have an alibi for a particular day, the complainant may change their version of when it happened. What you are saying, however, may not fall into the category of an alibi. They say the complainant was at your house and you say you were there but that she was not there. If you can prove she was not there it might be better to save that information until trial and then surprise the DA with those witnesses. I would strongly suggest that you consult with a lawyer and determine the best tactics to get the best results.