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What if my alibi is weak?

When police question you in connection with a crime, it is often in your best interest to remain silent. In fact, when police ask where you were at X time and on X day, both a weak and strong alibi can hurt you. Talk with an attorney before answering any questions, including alibi questions. For example, if your alibi is strong and easy to verify, you do no harm by consulting with an attorney first. You can always offer your alibi to police later if it is that easy to verify.

What if your alibi is weak, though? Will it be hard to overcome?

Staying silent

If you give police a weak alibi such as you were home alone sleeping while the crime was committed, police officers might decide to zoom in on you even more as a person of interest or as a suspect. So, stay silent. However, your lawyer may be able to shore up a weak alibi so that it is a bit stronger than you realized. For example, maybe your next-door neighbor saw you in the living room at 11 p.m. for a glass of water, or home security cameras show you could not have left the house. Even a Fitbit could help.

Also, stay silent about your alibi to your friends, your spouse, your family members--virtually everyone but your attorney. You never know what piece of information might get misheard, misunderstood, twisted or passed around. Do not take the risk of incriminating yourself.

Lying to create a stronger alibi

It is also not a good idea to lie to create a stronger alibi. Say that your friend was home alone all night too and offers to say that the two of you were together. Such lies have a way of becoming exposed, and once your credibility is tarnished, everything you say is extremely suspect in the eyes of authorities.