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Is Cellphone Video Footage Admissible in Court?

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Our Washington D.C. and Maryland criminal defense attorneys at Lotze Mosley, LLP know that cellphones are so pervasive in the U.S. that everyone from pre-teens to grandparents never leaves their homes without their digital devices.

The other commonality across all age groups is the increasingly common use of a cellphone to record video footage of incidents involving irate consumers, protest events, and even criminal activity.

The question becomes, when is cellphone video footage admissible during criminal cases?

The answer is complex, and depends on your case. Here are a few instances of when the footage is admissible, and when it is not.

When is Cellphone Video Footage Admissible During a Court Proceeding?

As with all evidence, cellphone video footage must be evaluated to determine whether it is:

  • Relevant to your case.
  • Could do more harm than good.
  • Authentic and unedited.
  • Accompanied by audio.

We must also consider where the cellphone video footage originated, how it was discovered, and whether it is valuable to your defense. Otherwise, introducing cellphone video footage could be less beneficial, and more detrimental to your case.

When is Cellphone Video Footage NOT Admissible During a Court Proceeding?

Our skilled Maryland and Washington D.C. criminal defense attorneys examine all evidence in the same way — including cellphone video footage. If it could damage your case, we will pursue every legal avenue available to prove it is inadmissible.

That may include citing:

  • A lack of authenticity or credibility.
  • Expert witnesses refute the cellphone video footage.
  • It contains privileged information or is considered misleading.
  • Lack of consent when the video footage was recorded.
  • Poor video lighting or quality.
  • Questions surrounding when the video was recorded and where it was filmed.
  • The video footage contains hearsay, does not contain relevant information, or is unfairly prejudicial to our client.
  • Violations of state wiretapping laws.

If you have been arrested for a crime that potentially hinges on cellphone video or voice recordings, contact our skilled criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to review your case by calling 202-393-0535, so we can review the evidence and provide straightforward legal advice for your unique case.

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