Florida’s Alibi Defense

February 24, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

Alibis are one of the most commonly known defenses in criminal law. Often appearing on movies and television shows, the alibi defense generally consists of a suspect proving that they could not have committed the crime they are accused of because they were not in the area at the time the crime was allegedly committed. But a lot more goes into this defense than what is shown on the big and silver screens. Our article will explain the details of the defense and how it could help you or a loved one charged with a crime in the state of Florida. 

Is An Alibi an Affirmative Defense?

An affirmative defense is commonly referred to as a bulletproof defense because, if found to be true, an affirmative defense will negate all criminal liability, even if it is shown that the accused really did commit the acts alleged by the State. Essentially the accused brings in evidence that excuses or justifies their actions. However, the alibi defense is not considered an affirmative defense. An alibi defense is different because the accused is not admitting to any acts and asking for forgiveness based on factors that excuse or justify their actions, they are asserting that they were not even in the area at the time the alleged crime was committed, so they could not be the suspect. An alibi defense denies all allegations and admits nothing.

The Alibi Defense Jury Instruction

The alibi defense is discussed in jury instruction 3.6(I). It states:

An issue in this case is whether defendant was present when the crime allegedly was committed.

If you have a reasonable doubt that the defendant was present at the scene of the alleged crime, it is your duty to find the defendant not guilty.

It includes an interesting caveat if the defendant is charged as a principal not present at the commission of the crime. In other words, the defendant’s presence at the scene of the crime is an issue in the case:

This instruction was adopted in 1981. When the defendant is charged only as a principal not present at the commission of the crime, the instruction may not be applicable.

How to Raise an Alibi Defense?

Florida Rule of Criminal Procedure 3.200 covers the procedure for raising the alibi defense. It states that:

On the written demand of the prosecuting attorney, specifying as particularly as is known to the prosecuting attorney the place, date, and time of the commission of the crime charged, a defendant in a criminal case who intends to offer evidence of an alibi in defense shall, not less than 10 days before trial or such other time as the court may direct, file and serve on the prosecuting attorney a notice in writing of an intention to claim an alibi, which notice shall contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense and, as particularly as is known to the defendant or the defendant’s attorney, the names and addresses of the witnesses by whom the defendant proposes to establish the alibi. Not more than 5 days after receipt of defendant’s witness list, or any other time as the court may direct, the prosecuting attorney shall file and serve on the defendant the names and addresses (as particularly as are known to the prosecuting attorney) of the witnesses the state proposes to offer in rebuttal to discredit the defendant’s alibi at the trial of the cause. Both the defendant and the prosecuting attorney shall be under a continuing duty to promptly disclose the names and addresses of additional witnesses who come to the attention of either party subsequent to filing their respective witness lists as provided in this rule. (emphasis added)

What Happens if You Forgot to File and Serve?

Florida Rule of Criminal Procedure 3.200 also covers what happens if either party forgets their continuing duty to file and serve their witness lists:

If a defendant fails to file and serve a copy of the notice as herein required, the court may exclude evidence offered by the defendant for the purpose of providing an alibi, except the defendant’s own testimony. If the notice is given by a defendant, the court may exclude the testimony of any witness offered by the defendant for the purpose of proving an alibi if the name and address of the witness as particularly as is known to the defendant or the defendant’s attorney is not stated in the notice. If the prosecuting attorney fails to file and serve a copy on the defendant of a list of witnesses as herein provided, the court may exclude evidence offered by the state in rebuttal to the defendant’s alibi evidence. If notice is given by the prosecuting attorney, the court may exclude the testimony of any witness offered by the prosecuting attorney for the purpose of rebutting the defense of alibi if the name and address of the witness as particularly as is known to the prosecuting attorney is not stated in the notice. For good cause shown the court may waive the requirements of this rule. (emphasis added)

Tallahassee Criminal Defense Attorney

It is essential to hire an experienced attorney familiar with Florida’s defenses to criminal charges. If you or a loved one has been charged with a crime in the state of Florida, contact a qualified Tallahassee criminal defense attorney who can help navigate your case and examine the most applicable defenses. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have decades of experience defending Floridians against criminal charges and will be committed to fighting for your freedom. Give us a call at (850) 681-7777 or send an online message to discuss your legal matter during an open and free consultation with an attorney in our legal team.

Written by Gabi D’Esposito

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