If you ever need to defend yourself in a court of law, you will need compelling evidence to build a strong case. You may be able to utilize various photos and video footage.
Whether such evidence is admissible in your case depends on many factors. Our Philadelphia criminal defense lawyers can fight to get evidence that is favorable to you admitted by the court while trying to exclude unfavorable or illegally acquired evidence.
What Video and Photo Evidence Can Be Used in Court?
Types of video and photo evidence that may be admissible in court include but are not limited to the following:
- Cell phone video
- Bodycam footage
- Dashcam footage
- Traffic camera footage
- Surveillance camera/CCTV footage
This list is not all-inclusive. Consult with an attorney for more information.
For a free legal consultation, call 215.515.3360
Where You Can Find Photo and Video Evidence in Your Case
Today, cameras are all but ubiquitous, meaning it is easier than ever to find audiovisual evidence that you can use in your defense if you are accused of a crime. One of the benefits of hiring our criminal defense attorneys is that we know where to look for the types of video and photo evidence that may be admissible in court, including:
Mobile Phone Photos and Videos
We can ask you and anyone else involved in the alleged crime if you have any relevant materials. In addition, we can talk to witnesses and reporters and see if they recorded any useful footage.
Bodycam and Dashcam Photos and Videos
The police may record their interactions with you and others on body-worn cameras or on cameras fixed to their car’s dashboard. These can show not only what you did at the time of the alleged crime but also how the police treated you.
If the police violated official policy by turning off their body cameras at a critical moment, the lack of footage can be just as significant as the video footage would have been. Alternatively, we can seek video or photos from elsewhere.
Traffic Camera Videos
Traffic cams can be especially helpful if you are accused of a driving offense, such as driving under the influence (DUI). Our Philadelphia DUI defense lawyers can use traffic cam footage to show your and the police’s behavior before, during, or after the stop.
Surveillance Camera Videos
Many businesses and some residences (e.g., apartment buildings) have cameras to monitor key points around the building, such as entrances and exits. This footage can verify your movements at the time of and leading up to the pivotal event. Sometimes, we can even find footage of the alleged crime itself.
What Makes Video or Photo Evidence Admissible?
The court only admits evidence that meets the following criteria:
- Relevance: Does anything about the footage—the people involved, the place where it was shot, etc.—have to do with the case at hand?
- Reliability: Where did the photo or video come from? Have experts verified that the footage is legitimate, or do they think it was altered in some way?
- Legally obtained: Did the police have the right to take this footage? Do they have a paper trail showing that they took the necessary steps before searching someone else’s property and confiscating the footage?
- Availability: If the recording was in the police’s or the prosecution’s possession, did they share this fact with our defense team and turn over the footage when we requested it?
How to Get Admissible Photo and Video Evidence
The steps for obtaining audiovisual footage depend on the source of the footage. Our defense attorneys might:
- Interview witnesses and ask them to share any photos or videos they took
- File a request with the Philadelphia Police Department to gain access to official recordings
- Visit the alleged crime scene, identify all cameras in the area, and ask the owners of those cameras to turn over relevant footage
- Take photos or video ourselves
You may have a limited time to acquire video and photo evidence to use in court. This is because:
- Cell phone users may delete footage that they are not interested in keeping
- Surveillance and traffic cam footage may be automatically overwritten after a period of time
- 42 Pa. C.S.A. § 67A03 gives you 60 days from the date the recording was made to request recordings from the police
Presenting Photo and Video Evidence in Court
Once we have lawfully and promptly obtained all available videos and photos, our team and the experts we hire will review it for footage that directly strengthens your defense or weakens the prosecution’s case. Then we can submit it to the court before your trial begins.
If the prosecution objects to any of the footage we submit, we can explain our reasoning for submitting that video or photo into evidence.
Discrediting Photos and Videos From the Prosecution
Just as we need to show that our footage adheres to the court’s evidentiary standards, we can try to prove that any footage presented by the prosecution is unreliable or irrelevant, or that they broke the law to obtain that footage. Our Philadelphia defense lawyers can do this by:
- Bringing in witnesses to dispute or add context to the events seen in the footage
- Pointing to the lack of a warrant or probable cause
- Using our own footage to contradict theirs
- Hiring experts to cast doubt on the veracity of their footage
Other Types of Evidence You Can Use in Court
Photos and videos can be crucial evidence in your case, but they are generally not the only type of evidence available. Our criminal attorneys can further strengthen your case by compiling materials like the following:
- Eyewitness and character witness testimony
- Phone records
- Philadelphia Police Department records
- Any items used in the perpetration of the alleged crime (e.g., weapons)
- Any items that were the object of the alleged crime (e.g., stolen goods)
Just like with audiovisual footage, we must prove that the evidence we submit is directly relevant to your case and was obtained in a timely and legal way. Our team can take care of all evidentiary and defense matters while you focus on how you will rebuild your life after the case is over.
Our Lawyers Can Assess Video and Photo Evidence in Your Case
The smart, aggressive lawyers at the Law Offices of M.J. Snyder, LLC, understand what types of video and photo evidence may be admissible in court, which means that we can build the strongest possible case on your behalf. Call today and schedule a free, one-on-one consultation to learn more.
