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How Body Camera Footage Can Help or Hurt Your Criminal Case

Indiana criminal defense lawyerIn recent years, police body cameras have been a growing controversy amid numerous cases of police brutality. But evidence shows that a deeper purpose can be found for this emerging technology.

Body camera footage can capture unbiased evidence in a criminal case. In the event that you've been charged with a crime, video footage can either work for or against you when presented before a judge.

How body camera footage is regulated in Indiana

Indiana law (House Bill 1019) regulates the use and retention of body camera footage. The law requires law enforcement agencies to allow at least two views of video footage for the following people:

  • Any person depicted in a recording
  • Any owner or occupant of property depicted in a recording
  • The victim of a crime, if the events captured on video relate to the crime
  • Any person who suffers a loss, such as an injury or damage to property, in the event that is captured on video

However, video footage captured on a body camera can be withheld if it:

  • Poses a great risk to a person or the public
  • Interferes with a person's access to a fair trial
  • Hinders an investigation, or
  • Doesn't serve public interest

Police body cameras come with their own pros and cons. In many cases, law enforcement officers will refrain from malicious behavior if they know they're being filmed. The downsides of body camera footage include privacy concerns and budget issues. But more importantly, body camera footage can have a profound impact on your criminal case.

The advantages of body camera footage in a criminal case

If you have been wrongfully arrested, body camera footage can capture crucial evidence that can be used in your defense. For example, if body camera footage captures a police officer gathering evidence incorrectly, or worse, planting incriminating evidence on you, your case can be dismissed by a judge.

The disadvantages of body camera footage

In some cases, if you have been charged with a crime, body camera footage may be proof of incriminating evidence. In the event that the charges brought against you are proven through hard evidence, your criminal defense attorney may have no other option than to pursue a plea deal.

Why you need an attorney

Regardless of whether or not the charges brought against you can be proven in court, it's best that you remain silent when being questioned by law enforcement. Your next course of action should be to consult with attorney Brett E. Osborne at Hocker & Associates LLC. It is important that your constitutional rights are protected and you are given a fair trial. Contact us today and find out how we can help you.

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