Legal Question in Criminal Law in Mississippi

Re: establishing an alibi

Yes the charges CAN be dismissed but it is much more likely the Prosecutor will require a trial before a Jury rather than try to decide the truth himself (herself) and voluntarily dismiss the case unless other uncontrovertable proof of whereabouts can be produced to back up the alibi. The answer to the question of which is most important is going to depend on the specific facts of the case and the makeup of the Jury in the jury box in that case. Nobody can answer that question prior to trial, unless (again) independent uncontrovertable proof of the alibi can be produced (i.e., a "security" or "surveillance" film from the location where the accused actually was during the time of the alleged crime). It could be possible, however, that the accuser is in error about the exact time of the crime and other evidence would be needed to controvert those allegations as well. The defendant in this case critically needs competent experienced criminal defense counsel in this instance!