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The reliability of surveillance footage as evidence depends on the quality and angle of that footage. Some footage, especially from Big Box stores like Target, can be especially clear and straightforward.
The reliability of footage also depends on what it purports to show. If footage is of dubious origin, grainy, or doesn’t clearly show something relevant to the case, it may be possible to contest it.
For example, if a police officer films a computer screen with their cellphone as the computer plays back surveillance footage, the quality of this footage may be quite poor, allowing me to have it thrown out as evidence.
Yes, plea deals or reduced charges are still possible even with video records of a theft. In these cases, factors such as lack of a prior criminal record and the value of what was taken could all come into play. This is where it will be especially helpful to allow your attorney to point out these factors to the prosecution and argue for a less severe outcome.
Theft in California is often described as a “wobbler” offense, as it can wobble between felony and misdemeanor charges, depending on the circumstances of the case.
With a misdemeanor charge, you could face anywhere from zero days to one year in county jail, various fines, or paying the value of the stolen item if it can not be recovered (i.e., paying restitution).
If you’re facing felony charges, you could face anywhere from 16 months to three years in a state prison. Other differences include whether you are offered probation, the duration of the probation, and whether the probation is informal (essentially, you are out on your own good behavior) or formal and more severe.
Attorney Matthew Cargal is a skilled, seasoned criminal defense attorney serving California. Since 1997, he’s helped clients just like you contest video footage when facing theft charges, helping protect their rights and interests at each step.
Have questions, or in need of legal representation? Reach out to The Law Offices of Matthew Cargal for an initial consultation today.
Yes, an experienced attorney can be especially helpful in challenging the authenticity or accuracy of video evidence. I can press the prosecutor to prove where the footage came from and what it actually shows. I can also challenge the footage if its quality is poor.
In addition, if the footage shows activity allegedly related to the crime but not the crime itself, such footage may be contested.
For example, if video footage shows you and your friends standing outside of a store, the prosecution may argue that you were casing the establishment prior to committing a theft. But if the footage simply shows you and your friends hanging out, allowing that evidence to be admitted could prejudice or confuse the jury. This would allow your attorney to contest the evidence.
Yes, it may be possible for your attorney to file a successful motion to have evidence suppressed, though this doesn’t happen in every case. It depends on where the footage originated and what it shows. If evidence is irrelevant or would only serve to confuse or prejudice a jury, it may be possible to suppress it.
In other cases, the video footage being presented by the prosecution is simply excessive. For example, if they have 20 different angles of you committing the same offense, showing all of that evidence to a jury is likely to prejudice them. In that case, I can work to have the unnecessary footage suppressed.
For more information on theft caught on camera in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4804 today.
Attorney Matthew Cargal is a skilled, seasoned criminal defense attorney serving California. Since 1997, he’s helped clients just like you contest video footage when facing theft charges, helping protect their rights and interests at each step.
Have questions, or in need of legal representation? Reach out to The Law Offices of Matthew Cargal for an initial consultation today.