Most people have heard of an alibi. However, less know how to raise the defense in criminal court. This blog details what an alibi is, the process for raising it, and other considerations with the defense.

What Is An Alibi?

The word’s Latin roots translate to “elsewhere” or “in another place”. A successful alibi defense is powerful. It will defeat a criminal charge by establishing that you were not physically present at the time or place that the crime happened.

A Defendant Must Provide Advance Notice Of The Alibi.

Defendants cannot assert an alibi for the first time at trial. The Rules of Criminal Procedure require the defense to disclose, prior to the Omnibus Hearing, the intent to assert an alibi. This includes telling the prosecutor (a) the specific place of the alibi; and (b) the name and address of any witness that will be called to establish the alibi.

The reason for this advanced notice is that alibis are considered “easy to fabricate” and “hard to disprove”. Therefore, the prosecutor is entitled to advance notice of the alibi and any supporting witnesses. Failure to timely disclose the alibi may result in sanctions, up to and including the Court excluding all alibi evidence or testimony.

No Specific Type Of Evidence Is Necessary To Assert An Alibi.

From a technical legal standpoint, an alibi is not a “defense”. It is simply evidence that calls the State’s case into question. The State must prove the defendant’s guilt beyond a reasonable doubt. This includes proving the defendant was physically present at the time and place the crime occurred. An alibi negates the State’s evidence.

This means the defendant does not need to prove an alibi through any specific type of evidence. A defendant could simply testify about the alibi themselves. If the jury believes the defendant, that is enough, and the alibi acts as a complete defense to the charges. In other words, if any evidence or testimony convinces the jury that the alibi is reasonably possible, then the State did not prove its case, and the defendant should be found not guilty. 

Tactical Considerations.

Raising an alibi defense must be carefully considered. While there is no reason a defendant must personally testify to establish the alibi, sometimes the defendant may be the only alibi evidence available. This choice to testify can open the door for the prosecution to bring in the defendant’s prior convictions as impeachment evidence or other damaging evidence.

Asserting an alibi defense may also limit the defense. While a defendant is allowed to argue inconsistent theories—for example a defendant could argue both that “I was not there at all” and “the fire was an accident, not arson”—arguing both at once may harm the defense’s credibility. Therefore, the decision to assert an alibi defense must be carefully considered in light of all the available evidence and potential defenses.

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