Select your state

Criminal charges

alibi

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 York, an alibi is indeed a defense strategy used in criminal proceedings. An alibi defense is based on the premise that the defendant was in a different location at the time the crime was committed and therefore could not have been involved in the alleged criminal act. New York law requires that if a defendant intends to present an alibi defense, they must notify the prosecution of their intention to use this defense before the trial begins. 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 the defense plans to call to support the alibi. This requirement allows the prosecution to investigate 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. However, the burden of proof remains on the prosecution to prove the defendant's guilt beyond a reasonable doubt, regardless of whether an alibi defense is presented.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal charges

alibi

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Criminal charges

alibi

Articles