Legal Question in Criminal Law in California

I was arguing with a guy in the street today and he just hit me in the face. I had my hands to my side and i didnt hit him back. My freind was videotaping the argument and he has him hitting me on video. Can i use the video as evidence?


Asked on 6/09/10, 5:12 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Make a copy of the video, and visit your local police. Probably you have a good $7500 small claims court lawsuit as well.

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Answered on 6/09/10, 8:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You posted this question under criminal law, but the only parties in a criminal case are the government (represented by the prosecutor) and the defendant(s). The victim is not a party in a criminal case. Asking whether *you* can use the video as evidence is a non-sequitur, since evidence can only be introduced by parties.

The prosecutor should be able to use the tape as evidence, though she will probably need your friend's testimony as to how it was recorded. If your friend is unavailable, your testimony may suffice since you were there. The defense may even stipulate that the tape is genuine. In any event, though, this issue is for the prosecutor to deal with, not you.

You have the right to bring a civil suit against the defendant if you like, regardless of whether he is prosecuted. The tape should be admissible in such a case. Here again, though, you may need your friend's testimony in order to lay a proper foundation.

Good luck.

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Answered on 6/09/10, 8:41 pm


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