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 Vermont, as in other jurisdictions, an alibi is a defense strategy used in criminal proceedings where the defendant 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 defendant can introduce evidence such as witness testimony, receipts, videos, electronic records, or any other documentation that can establish their presence elsewhere. Vermont Rules of Criminal Procedure, specifically Rule 12.1, requires a defendant who intends to rely on an alibi defense to notify the prosecution. The notice must include specific information about the place where the defendant claims to have been at the time of the alleged offense, as well as the names and addresses of the witnesses the defense intends to call to support the alibi. This procedural requirement allows the prosecution to investigate the validity of the alibi claim and prepare for cross-examination of the alibi witnesses. Failure to provide proper notice can result in the exclusion of the alibi evidence at trial.