An alibi is a form of evidence used to defend against a criminal charge by demonstrating that the accused was somewhere other than the scene of the crime when the crime was committed.
In North Carolina, as in other jurisdictions, an alibi is indeed a form of defense evidence used in criminal proceedings. An alibi defense is based on information that demonstrates the accused was at a different location at the time the crime was committed, and therefore could not have been involved in the alleged criminal act. The defendant can introduce evidence such as witness testimony, video footage, receipts, or any other documentation that can establish their presence elsewhere. Under North Carolina law, if a defendant intends to rely on an alibi, they must notify the prosecution of their intent to use an alibi defense before the trial. This notification must include specific information about the place where the defendant claims to have been at the time of the crime, as well as the names and addresses of the witnesses they intend to use to support their alibi. This requirement allows the prosecution to investigate the validity of the alibi and prepare for cross-examination of the alibi witnesses. Failure to provide this notice can result in the exclusion of the alibi evidence at trial. The burden of proof, however, remains on the prosecution to prove the defendant's guilt beyond a reasonable doubt, regardless of whether an alibi defense is presented.