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An “alibi” stands for situations where the defendant could not have committed the crime because he or she was not present at the scene of the crime when the crime occurred. If this defense is adequately raised, it’s the prosecutor’s burden to prove beyond a reasonable doubt that the defendant was actually there at the time of the crime.

Procedural problems occur if written notice of intent to raise this defense at trial isn’t timely provided to the prosecutor. And even if written notice is provided to the prosecutor, the notice itself must meet statutory requirements, such as who the defense intends to call to support this position. In other words, if the statutory notice provisions aren’t followed meticulously, the trial judge will have the discretion to preclude this defense from being raised.

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