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 New Hampshire, as in other jurisdictions, an alibi is a defense strategy used in criminal proceedings where the accused aims to prove that they were in a different location at the time the alleged crime was committed, and therefore could not have been involved in the crime. The alibi defense typically involves presenting evidence such as witness testimony, receipts, videos, or electronic records that establish the defendant's presence elsewhere. New Hampshire follows the general rules of criminal procedure which require that the defense notify the prosecution of an intention to present an alibi defense. This notification must include specific information about the place where the defendant claims to have been, as well as the names and addresses of the witnesses the defense intends to call to support the alibi. This allows the prosecution to investigate the validity of the alibi and prepare for cross-examination of the witnesses. Failure to provide proper notice can result in the exclusion of the alibi evidence at trial. It is important for anyone considering using an alibi defense to consult with an attorney to ensure that the proper procedures are followed.