Can I use video evidence to defend myself if my felony case goes to trial?

Asked almost 2 years ago - Palo Alto, CA

I am being charged with Felony 23153 VC in California. The DA has been unwilling to negotiate down from felony so far. I have video proof from someone else other than me that one person claiming injury perjured themselves by pretending to need LOTS of assistance when in fact THEY CAN MOVE JUST FINE. This was days from the prelim. Trial is set for 30 days and I have a new attorney. Old attorney recommended a PI. PI witnessed mobility and was unable to gather much video. But can testify.

Question. I have video proof one "victim" lied and exaggerated injury. While technically state doesn't have to prove much in the way of injury, can this proof at least help me a little? What should I do? Old attorney said video wouldn't help because person who taped it would be tainted witness.

Additional information

Thank you.

Attorney answers (5)

  1. John M. Kaman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Your evidence can be admitted at trial with a proper foundation. To understand what that means you really need a lawyer. At preliminary hearing the defense is limited to affirmative defenses. I've always wondered what exactly this meant and if it limits the defense from directly contradicting the victim's evidence. As a tactical matter your attorney may not wish to show his hand at this stage. As for your attorney you should be asking him these questions, not a stranger on the Internet.

  2. Jared Christian Winter

    Contributor Level 12

    11

    Lawyers agree

    Answered . "I have a new attorney"

    Then simply ask him or her.

  3. Tai Christopher Bogan

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . Explain this to your new attorney. It can be used as the other posted mentioned with a proper foundation. That means either the man in the video has to admit is was him at the time of the filming, the person filming would have to testify. Do not do this alone under any circumstances.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  4. Douglas Holbrook

    Contributor Level 17

    10

    Lawyers agree

    Answered . There is nothing in what you have provided that would explain why the video wouldn't help because person who taped it would be tainted witness. Nonetheless, your current attorney would be in the best position to judge that issue.

  5. Linda Charman Hayes

    Contributor Level 7

    10

    Lawyers agree

    Answered . How does all this help you? In a felony VC 23153 the injury can be ANYTHING. The amount of injury may have to do with the sentencing and restitution, but contesting the degree of injury at trial will do nothing for you. You are not concentrating on the elements of the case that the DA needs to prove. Discuss this thoroughly with you current attorney.

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