Q: If you have evidence that you weren't at a crime scene such as a GPS on your phone can you still get charged
A: Of course you can be charged; however, you may have an alibi defense if you can obtain and properly authenticate the GPS tracking information to prove the date, time and location of where you were at the time of the alleged crime. Obtaining such evidence, and getting it admitted into evidence at a trial, is not as easy as it may sound, but it can be done. If you're lucky, your lawyer will be able to convince the prosecutor to drop the charges based on the evidence, assuming there is no way you could have been committing the crime in one location, while your phone was left in some other location or was with someone else who was using your phone at some other location. Just because your phone was in one location at a particular time, does not necessarily prove you were with your phone. Other facts may be needed to establish that you were with your phone at the time of the crime (such as, you called someone at the time of the crime, who will come and testify that he/she spoke to you and knew it was you because they know your voice--but you will need to show their phone records as well as yours to match up the two phone numbers for the call at the relevant time and date).
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