Also known as: alibi defense · alibi · alibis · alibi defence
Written by attorneys · grounded in primary & secondary sources — see below
A claim asserting that the defendant could not have committed the charged offense because the defendant was at a different location when the offense occurred. The prosecution bears the burden to disprove the claim beyond a reasonable doubt as part of proving the defendant's presence and participation.
Danielle Dixon faces federal charges for delivering misbranded drugs at a clinic on March 3 at 9:15 a.m. The prosecutor sends defense counsel a written request that identifies the exact time, date, and clinic address. Dixon's lawyer must now decide whether to serve a response identifying any claimed location and witnesses.
Dolores Diaz is indicted for bribery at a courthouse stairwell at 2:15 p.m. After receiving the government's written request, her counsel serves notice within fourteen days stating that Diaz was conducting a client intake in the Jefferson Building and naming two witnesses with contact details.
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Daniel Diaz stands charged with robbery. His attorney files notice naming three friends who will testify Diaz attended a birthday dinner across town. The filing supplies each witness's name, address, and telephone number so the government can investigate.
Darius Dixon is tried for arson at a warehouse on the night of June 12. He calls two coworkers who testify he was repairing equipment at a different site fifty miles away during the fire. The jury finds the testimony creates reasonable doubt and returns a not-guilty verdict.
Dustin Donovan is accused of a nighttime robbery. Two neighbors testify Donovan was at their home watching a game at the exact hour the crime occurred across town. The conflicting accounts prevent the prosecution from proving Donovan's presence beyond a reasonable doubt.
Deborah Dunn is charged with fraud occurring over a weekend. Her counsel discloses four nurses as alibi witnesses only two weeks before trial. The court excludes the nurses' testimony because the disclosure violated the deadline and no good cause excused the delay.
The request must be in writing and must state the time, date, and place of the alleged offense. This information allows the defendant to determine whether an alibi exists for the specific charged event and to prepare a targeted response.
The notice must state each specific place where the defendant claims to have been at the time of the offense and must list the name, address, and telephone number of every alibi witness the defendant intends to call. Failure to provide this information can result in exclusion of the witnesses.
The court may exclude the testimony of any undisclosed alibi witness. The rule does not prevent the defendant from testifying personally, but it authorizes sanctions for nondisclosure of other witnesses.
Yes. An alibi merely negates an element of the offense, so the government must prove the defendant's presence and participation beyond a reasonable doubt. The defendant does not carry the burden of proving the alibi.
…927. Given Malloy v. Hogan , 378 U. S. 1 (1964), I join that part of the Court’s opinion in No. 927 relating to the Florida “alibi” procedure. I As a predicate for my conclusions, it is useful to map the circuitous route that has been taken in order to reach the results. In both cases, more patently in Williams…