The ability to videotape a situation has become much easier as almost everyone has a smartphone or other device that records videos. Cameras are located throughout the city in stores, ATMs, parking lots, schools, government buildings, banks, and other buildings. Police officers or other law enforcement officers may have body cams or dashboard cameras. The availability of videos can have a significant impact on your criminal case.
If you are facing a criminal charge, you need an Arizona criminal defense attorney who understands the rules and requirements for using videos in a criminal trial. Your freedom could depend on your attorney’s ability to introduce video evidence or prevent video evidence from being introduced during your criminal trial.
Using Video Evidence During a Criminal Trial
Video evidence can be used during your criminal trial under some circumstances. A judge can decide whether the video should be admitted into evidence based on various requirements, including verification, relevance, and foundational arguments. If you have been charged with a crime and have video evidence proving your evidence, you want to be able to introduce the evidence at trial. However, the prosecution has the right to object to the video.
For example, the prosecution may object that the video is not relevant, or the video is not trustworthy. Fortunately, the burden of proving that the video should not be admitted into evidence is upon the prosecution. However, if the prosecution has a video showing you committing a crime, it is up to your Arizona criminal defense attorney to argue the validity or relevance of the video. In some cases, a judge may decide the video is inadmissible because it is incomplete.
Other Reasons Why Video Evidence May Not Be Admissible at your Criminal Trial
There may be other reasons why video evidence may not be admitted during a trial. Your Arizona criminal defense attorney may argue:
- The video was obtained illegally without a warrant. If a video was obtained illegally, any evidence produced from that video might also be inadmissible.
- The video is damaged, the timestamp has been altered, or the video has been edited.
- The footage in the video depicts an occurrence that is not related to the criminal charges.
- The video is hearsay because there is no witness to authenticate and cross-examine about the video.
- The video is prejudicial or will not assist the jurors in determining the facts in the case.
- The admission of the video may confuse the jury because the audio is of poor quality; therefore, what is being said on the video can be interpreted incorrectly.
The circumstances of your case will dictate the arguments your attorney may make regarding video evidence. As mentioned above, some video evidence may help your case, so your attorney may argue in favor of allowing the video. The key is to retain an Arizona criminal defense attorney who has experience litigating criminal cases in court.
Contact an Arizona Criminal Defense Attorney
Our Arizona criminal defense lawyers handle a wide variety of criminal cases. Contact us today to speak with one of Arizona Lawyers’s experienced Arizona criminal defense lawyers. We are skilled and experienced trial litigators who are prepared to fight your case in court if that is the best defense strategy for your case.