The prosecution will use surveillance footage against you if possible. Is that enough to file charges, or does the prosecution need more evidence?
Whether or not you can be charged based on surveillance footage alone depends on what the footage depicts. The same is true about whether or not you can be convicted based on surveillance footage alone, which typically isn’t enough to prove guilt beyond a reasonable doubt. If surveillance footage is the basis for the charges and it gets suppressed, the charges against you might be dropped.
Get your free case review from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Can You Be Charged on Surveillance Footage Alone in NJ?
Law enforcement needs probable cause to arrest and charge someone with a crime, meaning they need a reasonable belief that the crime occurred and that the defendant was involved. Police and prosecutors use a combination of evidence to support the charges, not just surveillance footage.
Surveillance footage alone may or may not be enough to file criminal charges. It depends on the footage’s clarity and how much of the alleged event it depicts. Surveillance footage showing you entering a building where the crime occurred would not, by itself, be enough to bring charges.
Even if you are charged based on surveillance footage, there’s no guarantee that the charges will go to trial or that you will be found guilty if the jurors view video footage.
Can You Be Convicted on Surveillance Footage Alone?
Prosecutors try to use any relevant photographic or video evidence against defendants. If the prosecution has surveillance footage they plan on using against you, is that enough alone to convict you of a crime in New Jersey?
Surveillance footage may not be enough to prove guilt beyond a reasonable doubt, especially if it is blurry, silent, or too poorly lit.
Surveillance footage doesn’t provide all the context, nor does it necessarily help prove intent, a key factor in proving certain offenses in New Jersey. The prosecution would most likely need additional evidence to prove intent and get a guilty verdict.
When Are Charges Dismissed Because of Inadmissible Surveillance Footage?
Our lawyers may be able to get the judge to throw out the prosecution’s surveillance footage or other video evidence that was altered, had a chain-of-custody issue, or was obtained in violation of your right to privacy. If the prosecution has no other footage or evidence against you, they might have no choice but to drop the charges.
Privacy Violations
Surveillance cameras shouldn’t exist, or film anywhere people have a reasonable expectation of privacy. That includes bathrooms, changing rooms, locker rooms, and hospital rooms. Any footage that violates your right to privacy under the Fourth Amendment may be inadmissible as evidence against you. To get that evidence thrown out, our Cape May, NJ criminal defense lawyers can file motions to suppress it.
Chain of Custody Issues
Chain-of-custody issues, even with surveillance footage, make evidence inadmissible.
Inaccurate Timestamps
The prosecution should not be allowed to use surveillance footage with inaccurate timestamps or other wrong information, as that makes the evidence unreliable.
Alterations
If the video footage has been edited, enhanced, or otherwise improperly altered, our lawyers will also file a motion with the court to get it thrown out. We may have experts review the video footage to determine whether it has been altered in any way.
Poor Quality
If the footage is blurry, dark, or simply poor quality, we can file a motion with the court to suppress it so it is not used against you. If the judge allows footage of subpar quality, we may be able to use it to create space for reasonable doubt in jurors’ minds if the charges proceed to trial.
FAQs About Being Charged Based on Surveillance Footage in NJ
Can I Be Arrested Based on Surveillance Footage?
Law enforcement may be able to obtain an arrest warrant based solely on surveillance footage, provided it is clear and properly obtained. Just because you are arrested does not guarantee charges will be filed, so don’t panic and contact our lawyers for help.
Do I Need a Lawyer to Suppress Surveillance Footage from Trial?
Without an experienced defense attorney, you may not know when or how to file a motion to suppress surveillance footage so the prosecution cannot use it against you, which could lead to an unfavorable verdict.
Is Surveillance Footage Admissible in New Jersey?
Provided it is properly collected, relevant to the charges, and the chain-of-custody remains intact, surveillance footage may be admissible in your New Jersey criminal case.
Does Surveillance Footage Guarantee My Conviction?
Surveillance footage doesn’t guarantee your conviction, even if it is admissible in your New Jersey criminal trial. Our attorneys can identify all issues with the footage and present additional evidence to provide much-needed context.
Can I Use Surveillance Footage in My Defense?
We may be able to use surveillance footage in your favor, especially if it shows you elsewhere at the time of the alleged offense. Tell us if you have an alibi, and we can see if there is any video footage that supports it.
What Crimes Are Charged Based on Surveillance Footage?
Charges for property crimes, petty theft, vandalism, assault, and armed robbery can be brought based mostly on surveillance footage, though often additional evidence is necessary to prove guilt beyond a reasonable doubt.
Should I Take a Plea Deal if the Prosecution Has Surveillance Footage?
Having video footage doesn’t mean you should automatically take a plea deal. The footage may be significantly weaker than the prosecution suggests, so don’t take a plea until we have assessed the case against you and seen the footage.
Let Us Help with Your Criminal Defense in New Jers
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Call the Pleasantville, NJ criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956 for help with your case today.
