In an age when video cameras are ubiquitous–including on our smartphones–crimes are increasingly being “caught on tape.” But what if anything like this happens to you? Perhaps you and your significant other get into a disagreement, and things go out of hand. The next thing you know, you’ve been arrested and charged with domestic violence, and you’ve been informed that the entire incident has been recorded on camera.

What should you do in this situation? Is the video evidence sufficient to convict you of a crime? What can you do to ensure that your rights are safeguarded while you through the judicial system? Keep reading to get answers from a domestic violence attorney in Newport Coast CA and then call Simmons Wagner, LLP at (949) 439-5857.

Is it legal to use video evidence in court?

Is it admissible in court if someone videotapes you without your knowledge or consent? While recording confidential communications by audio or video is technically illegal under California law, the legislation was recently modified to allow domestic violence victims to gather audio and video records of their alleged abusers without their agreement.

These recordings can be used to obtain restraining orders or as evidence in criminal cases involving domestic abuse. While it may appear to be a violation of your privacy, if you are caught on tape committing domestic violence (or simply making threats), the footage may be used in court. Similarly, if your altercation happens in a public place where there is no reasonable expectation of privacy, surveillance film or spectator mobile phone video may be utilized as evidence.

What impact does being caught on camera have on your case?

It’s crucial to understand that if you’re caught on film committing domestic violence, the video evidence will almost certainly be used against you unless your domestic violence attorney in Newport Coast CA can make an argument that it should be inadmissible.

The prosecution will almost always try to use the video as direct evidence of your guilt, displaying it in court and urging the judge or jury to accept it as proof of your guilt. As a result, your defense counsel will need to be ready to question the video evidence’s veracity and argue that it should not be used. This might be challenging, especially if the footage appears to be clear and unchallenged.

Possible video evidence defenses

While being caught on camera may appear to be an open and shut case against you, your domestic violence attorney in Newport Coast CA may have more legal alternatives to defend you than you know. Some common defenses include showing that the footage was obtained in an unauthorized manner and should not be used in court. While the law enables domestic violence victims to surreptitiously video their abusers, the claimed victim must have a good cause to do so.

Assume, for example, that this was the first time you and your significant other had a heated dispute. If you gave your spouse or partner no reason to film you before the disagreement, your lawyer may be able to establish that this was an act of entrapment, and that the victim may have even purposefully prompted you to record the event. The video may be inadmissible in such circumstances.

We might show that the video has been manipulated or tampered with and does not correctly portray what happened, or that you were acting in self-defense or to protect someone else. Although the camera captures your activities, it does not capture the motivation behind them, nor does it show what transpired before or after.