Legal Question in Criminal Law in Kentucky
chain of custody of evidence
in my case the prosecuting witness is in possession of a viseo tape supposingly showing me using credit cards,what are the rules covering chain of custody of evidence,can a witness use his own computer and software to show the tape in court, whois to say he didnt alter the pitctures? i believe that he obtained the tape, i would like to know the if there are and cases that that set president in such matters
1 Answer from Attorneys
Re: chain of custody of evidence
i sincerely hope that you are not trying to represent yourself. The area of law concerning evidence if VERY VERY COMPLICATED. It sometimes seems that each "rule" has an exception. THIS IS NOT A "DO-IT-YOURSELF" project. If you do not have an attorney get one. It saves a lot of jail time and horrible mistakes. To answer your question, the presenter of the evidence can use whatever equipment is necessary. The chain of evidence is just that, the establishing of each possession step in the process from the time it was discovered to the witness stand-who had it-when-for what purpose. If there is a break in the chain then its veracity may be in question and its admissablity, depending upon the evidence and the context and purpose for which it is sought to be admitted, may be doubtful. If you suspect that the evidence is altered, then you must secure your own expert to review it and testify to his conclusions. This is just part of it. If it came in, does it really hurt your case or help it-is the battle worth it and what does it accomplish. If you have counsel, talk to them.
Related Questions & Answers
-
Misdeamenor Speedy Trial Law I was arrested in Kentucky for Terrist Threatening.... Asked 4/09/04, 4:05 pm in United States Kentucky Criminal Law
-
Odometer Fraud----What can I do? My boyfriend took my car and drove it without... Asked 2/07/04, 4:07 am in United States Kentucky Criminal Law