Legal Question in Criminal Law in California

Criminal Law - Theft

Can a video that was erased by store owner after being viewed by 2 police officers be used as evidense in case when defendant does not have the same chance to use video to defend himself as video no longer exists. Is there a legal precident or case to use to have the video thrown out from case. Without it to view do not know if parts are being ommitted or misconstrued. Please help, this is sons only defense.


Asked on 1/18/08, 11:57 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Criminal Law - Theft

If it's erased, how would you think it could be used? Regardless of what answers you get on this site, they won't do him the slightest good unless he has an attorney to present and use the defenses he may have. Sounds like he doesn't. You can't take a print out of some answer from here and waive it at the court. Proper motions will have to be filed. and hearings conducted. Feel free to contact me if serious about getting him counsel.

Read more
Answered on 1/21/08, 3:39 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Criminal Law - Theft

This is an interesting legal issue. My instincts tell me the video tape (or rather police testimony as to what they saw on the tape since the tape does not exist) should not be allowed on grounds of inadmissible hearsay. However, I am not 100 percent sure and if some of my attorney colleagues out there know that is not the case, I would like to know. Question could be answered by doing a quick research - your attorney should be able to do so.

If for some reason the testimony as to the tape is allowed, a major part of the defense strategy at trial should be building reasonable doubt by attacking grossly negligent handling of the investigation and the loss of possibly exonerating evidence.

Jacek W. Lentz

Los Angeles, CA

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 1/20/08, 9:47 pm


Related Questions & Answers

More Criminal Law questions and answers in California