Alibi: Your Questions, Answered

An alibi is any evidence showing that a criminal defendant was somewhere other than the scene of the crime at the time it occurred. While popular culture sometimes portrays an alibi as a weak or questionable defense, it is a legitimate and commonly used legal defense.

Here’s a brief overview of the most common questions about alibis.

What is an alibi defense in a criminal case?

An alibi defense essentially says that the defendant could not have committed the crime (theft, sex crimes, DUI, drug offense, or any felony, misdemeanor, or traffic offense) because they were somewhere else when the crime occurred.

Normally, it’s not enough for an alibi defense to be successful if the defendant says, “I was alone at the time of the offense.” It’s generally better if the defendant has one or more witnesses who confirm where the defendant was at a specific time. The witnesses need to be credible and willing to testify in court.

While relatives and friends can help, strangers or people who would have no reason to be untruthful may be stronger witnesses.

What are examples of a strong alibi defense?

Examples of forms of evidence supporting an alibi include the following:

• Video evidence. A video showing you at a community event, a social event, a restaurant, or any other place other than where and when the criminal offense occurred.
• Documentation. Receipts or any records (such as from a gas station, convenience store, or physical store) that can confirm you purchased something at a specific time and place can be a strong alibi.
• Employment timecards or records. Employer records may help show that you were at work or otherwise away from the scene when the offense occurred.
• Travel records. Flight or train records can confirm your location at a specific time.
• Social media posts. These may help confirm your alibi.
• GPS records. These can confirm your location at a specific time.

What are the Tennessee requirements for providing an alibi defense?

Generally, the defendant does not have to give the prosecution advance notice of its defense strategy.

The Tennessee courts do, however, require that the district attorney general (DAG) and the defendant (through legal counsel) follow the following alibi defense requirements:

In Tennessee, Rule 12.1 of the Tennessee Rules of Criminal Procedure requires the defendant to notify the prosecutor in advance if the prosecutor makes a written request for notice of an alibi defense. This rule is in place to give the prosecutors time to investigate the alibi.

Rule 12.1 of the Tennessee Rules of Criminal Procedure provides that:

• A DAG who wants to know if the defense may potentially assert an alibi defense must “serve the defendant with a written request to be notified of an intention to offer an alibi defense.” The DAG request should identify the date, time, and place where the alleged offense took place.
• The defendant must respond to a written request from the DAG by providing the DAG with a written notice of the intent to assert an alibi defense. The notice should include:

o The specific location where the defendant claims to have been at the time of the alleged offense; and

o The names and addresses of each alibi witness.

The defendant must serve the notice within 10 days after the prosecutor’s request, unless the court sets a different deadline.

• The DAG (within 10 days of the defense notice and not less than 10 days before trial, unless the court provides otherwise) should then provide the defendant with the name and address of each witness the government intends to use to:

o Establish the defendant’s presence at the scene of the alleged offense; and

o Rebut the testimony of any of the defendant’s alibi witnesses.

The defense notice gives the prosecution time to investigate the alibi and gives the defense the opportunity to learn how the prosecution intends to counter the alibi.

Both the prosecution and the defense have a continuing duty to disclose any additional witnesses they intend to call regarding the alibi or its rebuttal if those witnesses are discovered before or during trial.

Does giving an alibi mean the defendant has to testify?

No, it does not. Defendants can still exercise their constitutional right to remain silent while providing an alibi defense. An alibi defense can be established through other witnesses who can place the defendant at a location other than the scene of the crime.

What does using an alibi defense do to the prosecution’s burden of proof?

The burden of proof in a criminal case rests on the prosecution. They must prove their criminal case beyond a reasonable doubt. The defense does not have a burden to prove that their alibi is accurate.

Still, defendants must be careful. If a defendant offers a believable alibi, that helps to establish a reasonable doubt. If a jury finds an alibi not credible, it may affect how the jury evaluates the defendant’s credibility, but the prosecution must still prove guilt beyond a reasonable doubt.

At the Law Offices of Adrian H. Altshuler & Associates, we can help you prepare an overall defense strategy, which may include asserting an alibi, motions to suppress evidence, asserting your Constitutional rights, contesting each part of the criminal charge, and using every other available legal and factual defense.

If you’ve been charged with a crime in the state of Tennessee, contact the Law Offices of Adrian H. Altshuler & Associates. Our experienced criminal defense lawyer can help you gather the evidence needed to support your alibi, prepare for the legal process, and pursue the strongest defense available under the facts of your case.

We have 35 years of experience representing criminal defendants in Franklin, Brentwood, and Columbia. Call us or fill out our contact form to schedule a consultation. We meet clients in custody, if necessary.