Alibi: Your Questions, Answered

An alibi is any evidence showing that a defendant was somewhere other than the scene of a crime during the time the crime occurred. While the media and popular culture might portray the alibi as an untruthful or poor defense, the alibi is a perfectly respectable and frequently used legal defense. Here’s a brief overview of the most common questions about alibis.

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?

Defendants who offer alibi defenses don’t have a burden to prove to the judge or jury that the alibi is accurate or true. The burden of proof rests with the prosecution at all times, who must prove the defendant is guilty beyond a reasonable doubt. Part of establishing “reasonable doubt” is providing an alibi, which can cast doubt onto the prosecution’s claims. Despite this fact, a jury or judge’s disbelief of the alibi evidence can add to the persuasiveness of the prosecution’s assertions.

Do defendants have to give pre-trial notice of alibi evidence?

In Tennessee, laws called “discovery rules” state that if the prosecutor files a request for notification of an alibi defense, the defendant must inform the prosecutor ahead of time that he is intending to rely on alibi evidence at trial. These rules are in place to give the prosecutors time to investigate the alibi.

If you’ve been charged with a crime in the state of Tennessee, contact a qualified criminal defense lawyer to help you establish the evidence needed for your alibi, prepare for the legal process, and get you the outcome you deserve.