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 Virginia, as in other jurisdictions, an alibi is a defense strategy used in criminal proceedings where the accused aims to prove they were in a different location at the time the crime was committed and therefore could not have been involved in the alleged criminal act. The burden is on the defendant to present evidence supporting the alibi, which can include witness testimony, receipts, videos, electronic tracking data, or any other documentation that establishes their whereabouts. Virginia law does not have specific statutes governing the use of alibi defenses; rather, it is a common law principle that is well-established in criminal jurisprudence. Defendants who intend to use an alibi defense are typically required to notify the prosecution of their intent to do so before the trial, allowing the prosecution to investigate the validity of the alibi claims. Failure to provide notice can sometimes result in the exclusion of the alibi evidence at trial. It is important for anyone considering an alibi defense to consult with an attorney to ensure that the evidence is presented effectively and in accordance with legal procedures.