Because cell phones are so widely used, you can’t walk anyplace without being photographed or videotaped. If there is anything on your phone, or on someone else’s phone, that relates to your criminal case, you may ask if this is good or harmful. Of course, the answer is contingent on the content of the video. Continue reading for more information, and then call Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation with a knowledgeable attorney.

Cell Phone Footage’s Benefits and Drawbacks

There are a few ways in which the film might be beneficial to you. For example, if a witness filmed your arrest and later proved that the officer committed some form of misconduct during the arrest, your case may be dropped. On the other hand, if mobile phone film catches you using drugs and you’re charged with a criminal felony, you may easily be prosecuted.

Video Evidence: Is It Legal?

Eavesdropping laws in California make it illegal to record sensitive information without the approval of one or more parties involved. This is usually a minor infraction, but if the defendant is a repeat offender, it can be a wobbler (charged as a felony). If you were videotaped in your home without your permission, the footage may not be admissible in court.

There are, however, limitations. If you were in public when the recording was made, for example, it will not be considered secret since you had no reasonable expectation of privacy. This also does not apply to any footage captured by a police officer’s body camera. Finally, if the person recording believes that a crime, such as bribery, is being committed, they are permitted to do so, and the evidence is likely to be acceptable.

Consult an attorney to learn how the footage may affect your case.

If mobile phone evidence is present in your case, whether it is for or against you, you will need the assistance of an expert attorney to decide your choices. If it works for you, we’ll need to make sure it was shot with the permission of all persons involved. If it works against you, we’ll try to persuade the court that it shouldn’t be let in.

Whatever accusation you are facing, it is critical to weigh the benefits and drawbacks of any mobile phone evidence that may exist in your case. If you need a free legal consultation with an expert attorney, call Simmons Wagner, LLP at (949) 439-5857 right now.