Cell phones are so common that you cannot go anywhere without being at risk of being photographed or recorded on video. If there is content on your phone, or someone else’s phone, that has something to do with your criminal case, you might wonder: is this good or bad? The answer, of course, depends on what is on the video. Keep reading for more information and then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation with an experienced attorney.

The Advantages and Downfalls of Cell Phone Footage

There are ways the footage could help you. For example, if a witness recorded your arrest and shows that the officer committed some type of misconduct during that arrest, then then you could end up getting your case dismissed. On the other hand, if cell phone footage shows you using drugs and you are facing a drug crime, this could easily be used against you.

The Legality of Video Evidence

California has eavesdropping laws that make it a crime to record confidential information without the consent of one or more involved individuals. This is generally a misdemeanor offense, though it can be a wobbler (i.e., charged as a felony) if the defendant is a repeat offender. If someone filmed you in a private residence without your permission, then the video might not be admissible in court.

However, there are limits. For example, if you were in public at the time of the recording, then it will not be considered confidential because you had no reasonable reason to expect privacy. This also does not apply to any video that comes from an officer’s body cam. Finally, if the person recording was doing so because they believe that a crime was being committed, such as bribery, then they are allowed to record, and the evidence would likely be admissible.

Talk to an Attorney to Find Out How the Footage Affects Your Case

If there is cell phone evidence in your case, whether it works for or against you, you will need the help of an experienced attorney to determine what your options are. If it works for you, then we will need to ensure that it was taken with the consent of all involved parties. If it works against you, then we will work to show the court that it should not be admissible.

No matter what charge you are facing, it is important to consider the pros and cons of any cell phone evidence that might exist regarding your case. Contact Law Office of Michael L. Fell at (949) 585-9055 now if you require a free legal consultation with an experienced attorney.