Phone videos can be used as evidence in court, but only if they meet certain criteria. For example, if you want the judge to admit your phone video into evidence, you need to show that the video is accurate and unedited, relevant to the case, and obtained through legal means. If you want to discredit the prosecution’s phone video, you need to show that they failed to meet these standards.
You do not have to worry about building your case by yourself. Our Philadelphia criminal defense lawyers can find all of the evidence, including video evidence, necessary to defend you against whatever charges you face.
Video Evidence in Court Must Be Accurate and Reliable
While phone videos can be used as evidence in court, the judge will only admit videos that are proven to be accurate depictions of what happened. Our legal team, the court, or the prosecution might even bring in experts to determine if:
- The video is genuine
- Someone tampered with the video using AI or another program
- The video was taken by the person or entity you say it was taken by (in other words, you are telling the truth about where you got the video from)
For a free legal consultation, call 215.515.3360
Finding Out if the Phone Video Is Relevant
The judge will also want to know if the people or activities shown in the video have any bearing on the case. This means examining the video to see if:
- It was taken at a time and place of relevance to the case
- The identities of the people in the video can be verified
- The people in the video were involved in the alleged crime
If a judge determines that the video has little or nothing to do with the case, they will not admit it. We can talk to whoever took the footage, witnesses, and experts to make sure the phone video meets these criteria.
Phone Video Must Be Obtained Legally
Mobile phone video can be used as evidence in court only if the police obeyed all laws regarding the collection of that evidence, including:
- Conducting a search only under conditions dictated by law
- Obtaining a warrant before beginning a property search
- Showing you the warrant
- Submitting the footage to the court in a timely fashion
- Sharing the footage with us during the discovery process, as mandated by 42 Pa. C.S.A. § 67A03
If the prosecution attempts to use illegally obtained or withheld mobile phone video footage, we can file a motion to suppress. Such a motion would, if successful, prevent the prosecution from showing that video in court. Depending on how much of their case depends on that footage, getting it suppressed could have a devastating impact on their ability to prove you are guilty.
Why Use Phone Videos as Evidence?
You can use video evidence in court for a variety of purposes, including:
- Establishing your location at the time of the alleged crime
- Showing what you were doing
- Showing how the police treated you
- Demonstrating that there were extenuating circumstances (e.g., you were provoked or threatened) that may affect how the jury sees your actions
The prosecution may try to use phone videos for similar purposes.
How to Use Cell Phone Evidence in Court
Based on the strength of the cell phone footage and other evidence that we and the prosecution present, our criminal lawyers might be able to fight for outcomes like the following:
- A dismissal: If the cell phone video severely damages the prosecution’s case against you, we can ask the judge to dismiss your case immediately. A dismissal means that the judge believes there is insufficient evidence to connect you with the crime, so you will not have to face those charges.
- A plea deal: A plea deal means you would plead guilty to lesser charges. This would allow you to skip a lengthy, draining trial and face diminished penalties that are easier to deal with than the penalties associated with the original charge.
- A reduction in charges: Reduced charges often come with reduced penalties. If the video footage introduces doubt as to the severity of your alleged crime, we can work with the prosecution to get them to reduce the charges. Unlike a plea deal, simply reducing charges means you would still have to go ahead with a trial.
- An acquittal: A powerful cell phone video can help convince the jury that the prosecution’s case is not strong enough to prove your guilt. We can work hard to convince them to acquit you of the charges.
Let Us Examine All Video Evidence Before You Sya Anything
The police may try to get you to confess by claiming that they have phone video or other evidence against you. Remember that the police can lie to citizens, so do not assume that they really have this footage or that your fate is sealed even if video footage does exist.
Our criminal defense lawyers in Philadelphia can protect your rights by:
- Requesting copies of and reviewing all of the evidence the police have against you
- Advising you on what to say and what not to say to the police and the prosecuting attorney
- Collecting many different kinds of evidence, not just cell phone videos, in your defense
- Speaking for you in the courtroom, to include presenting your case, submitting evidence, and explaining the significance of the evidence we submit
- Discrediting phone videos and other evidence that the prosecution is relying on
- Fighting for the best possible outcome, whether that means representing you at trial, negotiating a plea, or asking the court to dismiss the charges
Our Lawyers Can Present Evidence in Court on Your Behalf
The legal team at our firm understands what it takes to collect admissible evidence and to persuade the judge to admit our evidence in a court of law. Call the Law Offices of M.J. Snyder, LLC, for a free, one-on-one consultation now so we can explain more about when and how phone videos can be used as evidence in court—and in your case specifically.
