What Is an Alibi?

If you love to watch criminal cases on Court TV, you’ve probably heard the word "alibi." Maybe you've even shouted at the TV during your favorite whodunit, when the villain produced a rock-solid alibi — meaning she was somewhere else when the crime was committed.

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If you're dying to know more — and apply terminology you learned in a legal drama to real-life law — read on to find out the full definition of alibi and what this legal strategy means for defendants and their attorneys.

What Is an Alibi?

In criminal law, an alibi is a claim made by a defendant (the individual charged with the crime) that he or she was somewhere else at the time the crime occurred. The term “alibi” may also be used to refer to the person or persons who serve as a defendant’s alibi. For example, if the defendant was having her taxes done during the time the crime was committed, her accountant may be referred to as her alibi.

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What Is an Alibi Defense?

In criminal law, an alibi defense centers around a claim that the defendant wasn’t present at the scene of the crime when it occurred. When this defense is used, the criminal defense attorneys must attempt to prove the defendant couldn’t have committed the crime they’ve been charged with because they weren’t present when it happened. A successful alibi defense should also prove the defendant didn’t have a reasonable opportunity to commit the crime and couldn’t have committed it some other way, such as by hiring someone else to do it.

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How Do You Prove the Validity of the Alibi?

To prove the validity of an alibi, lawyers must present evidence of the defendant’s actual location at the time of the crime, such as:

• Photographs
• Phone records
• Time-stamped surveillance footage
• Debit or credit card receipts
• Hotel, airplane or other travel receipts
• Eyewitness statements from family members, friends, colleagues or others who can support the claim

For example, say a jewelry store was robbed at 7:00 p.m. The defendant claims he was working late when the crime happened. To support his claim, his lawyers may submit a statement from his supervisor affirming the defendant was at an office across town until 8:30 p.m. The alibi may be further supported by video surveillance footage from the defendant’s place of employment showing him coming and going, and a credit card receipt from the café beside his workplace, revealing he purchased dinner there at 6:55 p.m.

Even if an alibi defense can’t be proven, trial lawyers may use it to show reasonable doubt, which can lead to an acquittal. That's because, in criminal cases, prosecutors have to demonstrate a defendant's guilt beyond a reasonable doubt before a jury may decide to convict.

In many states, defense attorneys must alert the prosecution if they plan to use an alibi defense. This is typically done during the discovery phase of the trial, which is when both parties exchange information. The prosecution can then investigate the alibi thoroughly and adjust their strategy accordingly before the trial begins.

Does Having an Alibi Mean You Cannot Be Charged?

Having an alibi doesn’t necessarily mean you won’t be charged with a crime. However, if the case goes to trial, having a solid alibi can potentially mean you'll be acquitted. If your alibi is rock solid, the court may even drop the charges altogether.