Criminal Law Questions? Ask a Criminal Lawyer.
Dear JACUSTOMER - You would have to have some credible evidence of tampering and not just that it was kept for 3 weeks. I'm not certain who had the video but I'm quite certain that with modern technology it can be easily detected as to whether there were an y alterations. You would have a right to have the tape inspected for any defects or changes. If they were found then you would have an excellent case to have the tapes suppressed.
Frankly it would appear that this is not evidence of anything but your hand going from the cash box to your pocket with no cash visible. I cannot imagine that just that and nothing else could possibly be evidence beyond a reasonable doubt which it would take to convict you. Your attorney can file a motion to suppress based on the chain of evidence and that the tape may be altered but even if it is admitted it doesn't seem to prove anything.
It's hard to believe that a prosecutor would accept criminal charges with just this so called evidence. Whatever you do you should not talk to the police or the prosecutor and allow your attorney to handle the case.
No, the prosecutor would at least have to have someone introduce the video to authenticate it. Your attorney would have the opportunity to cross examine the witness and attack the validity of the tape.
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