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 West Virginia, as in other jurisdictions, an alibi is a defense strategy used in criminal proceedings where the defendant 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 committing the crime. The alibi defense typically involves presenting evidence such as witness testimony, receipts, videos, photographs, or electronic records that establish the defendant's presence elsewhere. Under West Virginia Rules of Criminal Procedure, specifically Rule 12.1, defendants intending to rely on an alibi defense are required to notify the prosecution of their intent to claim an alibi. They must provide the prosecution with specific information about the place where they claim to have been at the time of the alleged offense, as well as the names and addresses of witnesses they intend to use to support their alibi claim. The prosecution is then obliged to respond with information on witnesses who will refute the alibi. This exchange of information is designed to prevent surprises at trial and allow both sides to prepare their cases thoroughly.