Using Surveillance Video in Your Criminal Defense Case

The use of surveillance video as influential pieces of evidence in criminal cases is impacting legal strategies for both defense attorneys and the prosecution. There are cameras everywhere in today’s world, so when an incident occurs, it is highly likely that a camera recorded some or all the event. Video footage provides significant protection when a victim exaggerates what happened or makes false accusations.

Accurate Evidence

The most significant advantage of using surveillance video in defending your criminal charges is it provides an accurate depiction of what occurred. The video footage reveals the circumstances, how everyone reacted, the time the incident occurred, and all relevant factors that should be considered by the judge or jury. Videos are effective in supporting or contradicting eyewitness statements, especially when there are inconsistencies.

A common example of how to use video evidence occurs in assault cases where it is unclear if the accused’s actions were aggression or self-defense. Being able to see and/or hear the events that led to the altercation and how each participant behaved provides critical information about whether the accused acted in self-defense.

Surveillance Video Provides a Neutral Narrative

Many times the prosecution provides a dramatic narrative of what happened to the victim. When video evidence is available, it limits the prosecutor’s ability to exaggerate the events. In fact, surveillance video is a tool that can be used to not only contradict the prosecutor’s narrative, but also cast a shadow on the credibility of the victim’s claims.

Video Holds Law Enforcement Accountable

When available, body cam or surveillance video footage can be beneficial in holding law officers accountable for their actions during the arrest. Video of the arrest can contradict the officer’s depiction of how the accused acted during the arrest or demonstrate that Miranda warnings were not properly or timely given to the defendant. Finally, surveillance video can be evidence of police misconduct.

Cell Phone Videos

We are all aware that thousands of cell phone videos are uploaded daily to the internet, but can you use this type of video in court? There is no clear cut answer on whether video from a cell phone will be admissible. The credibility and authenticity of the video may be questionable. If the footage is poor quality or you cannot make out the details with certainty, the video may be excluded as evidence. Your criminal defense attorney can help if there is cell phone footage you want to use as evidence.

Video Footage Can Be Key Evidence in Criminal Defense

Video footage can change the trajectory of your criminal defense case by providing an objective and clear depiction of what occurred. An experienced criminal defense attorney will know how to legally obtain the surveillance video footage and how to incorporate it into your criminal defense strategy.

You Should Not Face Criminal Charges Alone – Contact Us Today

If you are facing criminal charges, it is critical to seek the help of experienced criminal defense professionals. Our BMO criminal defense attorney legal team provides upfront communication and aggressive representation of our clients. Call Babbit, Mitchell & Ogle at (405) 692-7676 to ensure your rights are protected and to receive the best possible defense.