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Can a videotape of an assault be used as evidence in court of law

Church Hill, TN |

My husband and I had an altercation one night and he was charged with domestic assult. When the detective arrested him he was made aware by my husband he had taped everything. The detective did not seize the tape at the time of the arrest. My question is should this tape been allowed in court as evidence since there was no way to prove if it had been edited?

It wasn't a videotape it was a handheld cassette recorder. The evidence wasn't brought forward until right before the trial and the district attorney didn't even have the transcripts yet. I was already going to dismiss the charges but I seen the transcripts after court was over and there was several things not on it from that night. They have now charged me with filing a false report.

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Attorney answers 1


I am a NJ not a TENN attorney, but in my home state a woman is almost never charged with filing a false report. The tape does not necessarily have to have all of what was said, but apparently there was enough to satisfy the court that no inappropriate violence took place. It is unclear from your post whether or not you are still together. If you are, you both might benefit from going to family counselling, which is much better than using the police. Court rules on the use of taped evidence vary from state to state, and even from judge to judge. What one judge finds acceptable another may well not do so. If you can afford it, hire an attorney to defend you against the charge of filing a false police report,



Let's see here. In jail for a crime that you did not commit or on probation for an unlawful recording no matter what state you live in or the laws against unlawful recordings? Hmmm... a no brainer there. Once the authorities get wind of a video or audio tape proving the allegation to be contrary to the facts (recording), the bell cannot be unrung or the now bias they have against the accuser. I would recommend that everyone use a video or audio taped recording at any point during a foreseen altercation just to cover your a$$.