Is dashboard cam video evidence likely to result in a protective order violation conviction?

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

Los Angeles, CA -

Attorney Answers (3)

Michael Moshe Levin

Michael Moshe Levin

Criminal Defense Attorney - North Hollywood, CA
Answered

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.

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Mark A. Broughton

Mark A. Broughton

Criminal Defense Attorney - Fresno, CA
Answered

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.

Charles Patrick Greenwood

Charles Patrick Greenwood

Criminal Defense Attorney - Denver, CO
Answered

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.

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