I was served with a criminal complaint that charges are being filed against me for violating CA penal code section 166(1)(c)-contempt of court - protective order. I have a prison prior for a probation violation(includes stalking & vandalism allegations) and a misdemeanor retraining order violation conviction.. My 3 year formal probation was terminated after one year for perfect compliance. I have not gone near the protected party. I saw on FB that he has had a few vandalism incidents on his car and claims I did them. He says he has a dashboard cam videotape of me to prove it. But I didn't do it, so I imagine the person on video must resemble me, or that it is fabricated to secure a conviction. I've been notified to appear at an arraignment & am terrified that I'll be taken into custody
DUI / DWI Attorney
It's impossible to say at this point. The burden in your case is the same in all other criminal cases, beyond a reasonable doubt. There is no one piece of evidence that is considered better than any other piece under the law. If, after considering all the evidence including the video, the jury is not convinced either the crime occurred or you were the person committing it, then they'll be instructed they have to find you not guilty. You need an attorney to review your entire case and give you their best legal advice.
Violent Crime Lawyer
Yes, the dashboard cam video can come into evidence if a proper foundation is laid for its admission. This is no given. Aside from these devices, people are taking videos from PDAs, surveillance videos and all sorts of recording devices. But, as Mr. Greenwood says, they are only part of a criminal trial. Your prior record works against you in several ways as well. You need a good criminal defense attorney to deal with the evidentiary issues and aggressively represent you.
Criminal Defense Attorney
Sounds to me like the complaining party is BSing. If it isn't you, it isn't likely that it will appear similar enough to you to secure a conviction unless, perhaps, you have a twin brother. It is much more likely that the video is unrecognizable or non-existent.
Answering your questions on this forum does NOT constitute the forming of an attorney/client relationship. The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter based on any opinion posted on this forum. Rather, you should directly consult with an attorney about the particulars of your case before making ANY decisions.
3 lawyers agree