An alibi is a defense strategy in a criminal case where the defendant claims that he or she was somewhere else or doing another activity at the time that a crime took place. If the defendant was not at the scene of the crime when the actual event happened, then naturally he or she can be ruled out as a suspect in the case. While some people think an alibi is simply a technique used in crime dramas on T.V., the truth is that it is a very viable excuse and defense in many criminal cases.

For example, if you are arrested on suspicion of rape, but have a receipt to prove that you were out at dinner with your wife on the night of the crime, then you may be able to use this as an alibi to show that you cannot be guilty. You can produce the receipt which says the time at which you paid for your food, and even call the waiter who served you as a witness to show that you were not anywhere near the rape case that you are suspect of.

Alibis don't mean that the defendants are required to testify. You can offer an alibi defense without ever giving up your constitutional right to remain silent, and can use witnesses to prove that you were in a different location at the time of the crime. If your attorney decides that an alibi would be a proper defense strategy for you, then he or she may try to gather any witnesses who saw you at the location where you were during the crime.

Defendants who offer an alibi defense do not take on the burden of providing to the judge that the alibi is accurate. Instead, the burden of proving the defendant guilty remains with the prosecution, and they simply have to battle the alibi defense and disprove it in order to convince the judge or jury that the defendant is guilty. If the prosecution cannot meet its burden to prove that the defendant is guilty beyond a reasonable doubt, then chances are that the suspect will go free.

For example, if the prosecution claims that an individual robbed a store, but the defense team is able to produce video footage showing that the alleged criminal was at her daughter's school open house that night, then the prosecution cannot prove guilt beyond a reasonable doubt. The defense team may also be able to bring in witnesses who can testify to the fact that they saw this mother at the open house at the exact time that the crime was taking place.

In order to use an alibi, the defense must five the prosecution pre-trial notice. This way, the prosecution can also research the alibi and try to disprove any holes in the defense strategy. This is called the law of "discovery rules" and gives both teams a fair advantage in any court case. This way, the prosecution can investigate on their own. For example, in the state of New York a prosecutor has up to 20 days to serve a Demand for Alibi to the defense.

The defendants who want to rely on these strategies will need to respond to the demand within eight days unless the court grants them more time for special circumstances. The defendants must supplement the initial responses with information about additional alibi witnesses as they become known. A judge may exclude any alibi testimonies when the identification of the witness was not disclosed. If you want to learn more about alibis and defense, then you need to discuss your case with a local criminal attorney today. Get started right away!