A person charged with a crime can use an alibi defense if they can establish that they were someplace else when the crime was committed.

Typically, this defense is put forth by witnesses by the defense. However, when an alibi defense is used, the burden of proof remains with the prosecutor to establish all elements of a crime beyond a reasonable doubt. A jury is not allowed to convict solely because they disbelieve the alibi, they are still required to believe the People’s case beyond a reasonable doubt.