The Alibi Defense in Florida
In Florida, an alibi defense means showing that you were somewhere else when the crime happened. An alibi defense requires that you provide written notice to the prosecutor with the State Attorney’s Office. The rules for the alibi defense is found in Florida Rules of Criminal Procedure RCRP Rule 3.200.
An alibi is not an affirmative defense. Instead, of arguing the crime was justified because of an affirmative defense, you are instead denying that you commit the crime because you were no present at the scene and it was physically impossible for you to have committed the crime.
Evidence in an alibi defense case usually involves proof from an surveillance video, digital phone logs, receipts, or independent witness testimony. Independent witnesses might include family members or coworkers.
Attorney for the Alibi Defense in Florida
If you were accused of a crime in Florida, but have an alibi, contact a criminal defense attorney at Sammis Law Firm. We can investigate the allegations against you, and preserve evidence of your alibi.
We understand the rules for preparing the notice that must list the specific address or location where you claim to have been, plus the names and addresses of your alibi witnesses. Within five (5) days of receiving your list, the state must provide the names and addresses of any witnesses they plan to use to discredit your alibi.
If you fail to file the notice properly, the court can block your witnesses and evidence from being used at trial, limiting you to only your own testimony. We can make sure your defense stays in full compliance with the rules.
Call 813-250-0500.
The Prosecutor’s Notice of Intention to Claim Alibi
At the beginning of the case, the prosecutor files a Notice of Intention to Claim Alibi. In that motion, the prosecutor might explain the date, time, and location of the alleged offense. For example, it might provide:
As particularly as is known to me, the place, date and time of the commission of the crime charged in the above-numbered Information are as follows: On [date], between the hours of ____ and ____, in the vicinity of [address].
This Demand for Notice of Intention to Claim Alibi may be considered as a Statement of Particulars in the event a Motion for Statement of Particulars is filed.
Under Rule 3.200, Florida Rules of Criminal Procedure, if you intend to offer evidence of an alibi in your defense, you are hereby required to serve upon the Office of the State Attorney of and for the Sixth Judicial Circuit of the State of Florida, not less than ten (10) days before the trial, or such other time as the Court may direct, a notice in writing of your intention to claim alibi.
The notice shall contain specific information as to the place at which you claim to have been at the time of the alleged offense, and as particularly as is known to you or to your attorney, the names and addresses of the witnesses by whom you propose to establish your alibi.
You are under a continuing duty to disclose promptly to the State Attorney’s Office the names and addresses of any additional witnesses which may come to your attention subsequent to the filing of your witness list.
If you fail in any particular manner to comply with the provisions of Rule 3.200, Florida Rules of Criminal Procedure, a motion will be made to exclude any and all evidence, except your own testimony, offered by you for the purpose of proving an alibi.
This article was last updated on Wednesday, September 23, 2026.