Pennsylvania Alibi Instruction
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FAQ
Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days of when it files the criminal complaint. Not every day counts, though.
An alibi is not an affirmative defense Instead, the defendant must only raise a reasonable doubt as to whether or not he or she was the perpetrator of the crime. The burden of proof for a criminal defense attorney would not be on the defendant to show that he or she was somewhere else at the time the crime was done.
To establish a successful alibi, you need to prove the following elements: You were not physically present at the time and location of the crime. You had no reasonable opportunity to commit the crime. There is no possibility that you committed the crime.
An alibi defense attacks a key element of the prosecution's case ? the identity of the defendant. If the prosecution cannot establish that it was you who committed the criminal act, then a jury may not find you guilty of the offense with which you are charged.
Al·?i·?bi. : a defense of having been somewhere other than at the scene of a crime at the time the crime was committed. also : the fact or state of having been elsewhere at the time a crime was committed.
If the defendant has a bona fide alibi, the charges against him can be dismissed. If his alibi is false, the investigation may disclose that fact and the prosecution will have sufficient time to secure rebuttal evidence.
To establish a credible alibi, the defendant and their legal counsel must provide concrete evidence that supports their claim of being in a different location at the time of the crime.
With an alibi, it's possible to prove that you have nothing to do with the case. Be prepared for the prosecution to question your alibi to test your story and to make sure he or she is being truthful. It's important for your alibi to be prepared to speak if he or she is called to testify on your behalf.
