Understanding the Alibi Defense in Texas – Wilkerson & Campbell Law

In criminal cases, establishing a credible alibi can be one of the most powerful defenses available to the accused. At Wilkerson & Campbell, we are committed to defending our clients with strategic, evidence-based arguments — and an alibi, when properly presented, can completely exonerate an individual from a criminal accusation. (Texas Penal Code; Texas Rules of Evidence)

What Is an Alibi Defense?

An alibi is a legal defense asserting that the defendant was somewhere else at the time a crime was committed, making it physically impossible for them to have been involved. In Texas, an alibi doesn’t change the elements of the crime — it simply challenges whether the defendant could have committed it at all.

To be successful, an alibi must be supported by credible evidence, such as:

• Eyewitness testimony

• Surveillance footage

• Digital evidence (e.g., GPS data, cell phone records)

• Time-stamped receipts or work logs

• Transportation records

It is not an affirmative defense under Texas law, meaning the burden of proof remains with the prosecution to prove beyond a reasonable doubt that the defendant committed the crime — and the alibi simply casts doubt on that possibility.

How Is an Alibi Presented in Texas Courts?

An alibi must be introduced as part of the defense strategy during trial, typically during the defense’s presentation of evidence. Texas law does not require pre-trial notice of an alibi defense, unlike in some other states, but providing advance notice may be beneficial in negotiating a plea or avoiding surprise rebuttal from prosecutors. (Texas Code of Criminal Procedure)

Key elements in presenting an alibi include:

• A clear timeline of the defendant’s whereabouts during the crime

• Witnesses or documentation supporting the alibi

• Cross-examination of prosecution witnesses to expose inconsistencies

• Possible use of expert witnesses (e.g., digital forensic experts)

Our attorneys work diligently to verify all alibi evidence and present it in a compelling, coherent narrative to the jury.

Prosecutorial Response to an Alibi

When an alibi is raised, the prosecution may attempt to:

• Discredit the reliability or motives of the alibi witnesses

• Present contradictory evidence, such as surveillance or forensic data

• Argue that the alibi does not cover the exact time or location of the crime

• Suggest that the alibi was fabricated after the arrest

An experienced defense team anticipates these attacks and thoroughly prepares to defend the alibi’s legitimacy in court.

Real-World Impact of an Alibi Defense

In many cases, a well-documented alibi can lead to:

• Dismissal of charges before trial

• Acquittal at trial

• Strengthened plea bargaining position

• Avoidance of wrongful conviction

The effectiveness of the alibi depends on the quality and admissibility of the supporting evidence. That’s why prompt legal representation is crucial.

Our Commitment to Building a Strong Defense

At Wilkerson & Campbell, we understand that your freedom and future depend on the strength of your defense. Whether you’re facing accusations of theft, assault, or a more serious felony, we meticulously investigate your timeline, verify all alibi claims, and challenge the prosecution’s case at every turn.

If you or a loved one has been accused of a crime and you believe you have a valid alibi, contact us immediately at 844-849-9789 for a confidential consultation. Our team is ready to fight for your rights and help you present the truth with clarity and credibility.