What’s Their Proof Against Me If They Don’t Have Me On Video?

Whether a camera at the self-checkout stand or a bystander filming on their phone, it can sometimes feel like just about everything is captured on video these days. This can often prove extremely helpful, especially in criminal cases, with video recordings able to establish an accused’s innocence. It can also be used as strong evidence against a defendant when presented by prosecutors. However, just because there is no video evidence of a defendant committing a crime does not mean that he or she is off scot free, as the state can bring many other forms of proof when attempting to establish guilt.

A Lack of Video Recordings Could Help Your Case

Video or audio footage can be damning when used as evidence in a criminal case. It can be difficult to argue with what is on film, even when that recording doesn’t show the entirety of what happened. A lack of such evidence can significantly strengthen a defendant’s case. Rather than having to disprove what is shown on camera, defendants can use evidence of their own to help paint a picture of the events on the day in question. However, the state will have other forms of evidence at its disposal.

Other Forms of Evidence

The types of evidence that prosecutors use when trying to prove a defendant’s guilt will vary depending on the specific set of charges. For instance, someone accused of driving while intoxicated in Texas can expect the state to present the results of the defendant’s breath or blood test and the police officer’s testimony at the time of arrest, even if there is no dash cam footage of the arrest itself. Other types of evidence that the state could raise include:

• Photographs from the scene of the arrest;
• Physical evidence, such as a controlled substance found on the defendant’s person;
• Eyewitness testimony;
• Lab results, including drug tests;
• Expert testimony;
• Interrogation transcripts;
• Phone, computer, and other electronic records;
• Prior arrest records;
• Fingerprint and DNA evidence; and
• Medical records.

Fortunately, defendants have the right to see the evidence being used against them, which enables them to bring forward evidence of their own that could exonerate them.

Why You Need an Attorney

Before defendants can start countering the evidence against them, they will need to retain experienced legal counsel. Besides being well-versed in the ins and outs of the discovery process, a skilled defense attorney will be able to ensure that any evidence that was obtained illegally isn’t used in court, but is suppressed by the judge. In some cases, lawyers who are able to cast doubt on enough evidence could get their clients’ charges reduced or even get their case dismissed entirely before it goes to trial.

Schedule a One-On-One Consultation Today

Prosecutors can use a wide range of evidence when filing charges against a defendant. For help evaluating the strengths and weaknesses of the evidence in your own criminal case, please call 512-805-6613 and consult with one of the experienced San Marcos and Hays County, Texas criminal defense attorneys at The Law Offices of David C. Hardaway today.

Sources:

 justice.gov/usao/justice-101/discovery

law.cornell.edu/wex/unreasonable_search_and_seizure