It has become very common for people to record important things happening in their lives. In fact, you cannot go anywhere without seeing someone pulling out their camera or cell phone to record something. Therefore, when a crime is occurring either to you or to another person, one of your first impulses may be to pull out your device and start recording.

The Bowie criminal defense attorneys at Carey Law Office know when a video is admissible in court and when using a video can hurt your defense.

Videos and criminal cases in Maryland

Even though there is a possibility that you can use video footage in court, it is not always guaranteed to be admissible. As a matter of fact, our Bowie and Crofton attorneys often have to advocate and convince the judge that the video footage is relevant, reliable, and completely authentic before it will even be considered as evidence. Therefore, if you are planning to use video footage as evidence, it must be able to show exactly what happened and support your statement.

Any type of video that you show cannot be edited and must accurately show what your legal claim states. For example, if you were in a wreck and recorded a video of the scene at the time of the wreck, the video must accurately show the road and the wreck. You cannot go back and edit the video to ensure that it shows the scene in your favor.

In addition, a video must be completely relevant to the case, or it will be thrown out as evidence. The reason for this is because an irrelevant video will only waste the judge and jury’s time and may distract them from focusing on a more important piece of the case.

What makes a video authentic?

When videos are used as evidence in court cases, they typically need to be supported by witness statements and individuals who can give testimonies to be considered authentic and legitimate. It can be difficult to provide this when a video is recorded on someone’s personal cell phone or camera device. However, videos captured by traffic or business cameras are more likely to be supported by witnesses and used to win legal cases.

What are the problems with using videos in court?

The main problem with using videos in court is that videos can be edited, changed, and manipulated to fit a person’s false narrative. They are also difficult to understand when it comes to telling stories of what exactly happened. Here are a few common problems that come up when videos are used in court:

• Time of recording is not clear: Even if your video shows what happened at a certain day or time, it can be impossible to prove that you actually recorded at that specific time or date.
• Lighting issues: The weather or lighting could cause those who are viewing your video to have a hard time seeing the identity of the people present or what exactly happened at the crime scene.
• Location issues: If you did not record enough details of the scene, your video could lead to guessing about where exactly the video was recorded. The video needs to show that the location is accurate and factual.
• Hearsay: When a witness is not available to provide a statement about what happened in the video, it can be argued that the video is simply hearsay. This means that the video cannot be backed by another person who saw what happened to say if it is true or not.
• Undue prejudice: It can be argued that the video does not provide reasonable representation of the subject, which could result in undue prejudice. This means that the video may be confusing or misleading.
• Best evidence: If the video is a copy, a lawyer can argue that the original is the best evidence. This means that the copy cannot be used as evidence.

Can law enforcement dashboard or body-worn cameras be used in trial?

When it comes to a police officer’s dashboard or body-worn camera video being used in trial, most courts do see this type of footage as a helpful way to see that the officer’s statement aligns with the video footage. For example, if the officer states that they pulled someone over for reasonable suspicion, this video may be used as supporting evidence to show this reasonable suspicion, such as a broken tail light or headlight.

Law enforcement footage may also help the judge or jury decide if an individual’s rights were violated and if the police officer did everything correctly. However, just like other types of videos, law enforcement videos must be reliable, relevant, and authentic. Therefore, law enforcement cannot edit and alter their video to fit their narrative as this affects transparency.

Being charged with a crime does not have to be the end of your freedom as you know it. When you work with the criminal defense attorneys at Carey Law Office, you know that your case will be taken seriously from start to finish. If you have video evidence that you are questioning using to support your claim, Carey Law Office can help you make the decision. With years of trial experience and training, we have what it takes to look at your evidence and determine if it can be used in court or not.

Our team helps clients in and around Prince George’s County, Anne Arundel County, and Calvert County. If you would like to set up an appointment to begin working with us, please call our office in Bowie or Crofton or submit our contact form at your earliest opportunity.