How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
Type Your Criminal Law Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

Ra-eEs

Customer Question

What are laws/statutes pertaining to video taped evidence:in New Jersey us it required to be time and date "stamped"to be admissible in court?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Please clarify: is the video "relevant" for the trial?
Customer: replied 2 years ago.
I was charged with defiant trespass when I was 75a miles away,I want to submit the tape as proof I wasn't there and to exonerate me as well as flip it toward the plaintiff for filing a false police report?By the way the videotape would be from his camera at the location of my former office.So in answer to your question -yes!
Expert:  JB Umphrey replied 2 years ago.
Thank you. When you use the term "his camera," does that means that "he'll" be in court to testify that the video footage is from his camera?
Customer: replied 2 years ago.
Yes the camera is mounted onbuilding,when we went to court prior (when I gad filed my motionfor discovery)I overheard him say he has no video tape because they get erased every 30 days.Then all of the sudden a tape appears and it has been cut and spliced and missing more than 90 seconds.Thus my questing of time and sate stamping to show /prove if it has been altered or a "true"recording of time on that day?
Expert:  JB Umphrey replied 2 years ago.
Thank you. There is no law which requires what you are seeking.

Rather, you want to get a copy of the New Jersey Rules of Evidence. So long as the tape is relevant and so long as someone can testify as to how the tape came about and was maintained, the judge can consider it.

Now, to be sure, if there's a doctored tape, one can object to its admission and demand that only the "original" tape be admitted as evidence. It's also called the best evidence rule.

If they can't produce the original, that's a way to object to the admission of the cut-up/doctored/copy.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face.
Customer: replied 2 years ago.
My understanding is that to be admissible it must be day and time stamped with no alterationsin order to be considered as the "best evidence"?The rest of the "hour"shown ontape that I received does not appear to be "doctored"?
Expert:  JB Umphrey replied 2 years ago.
I understand what it is you are saying. However, the law does not require that. The judge retains the discretion to determine whether or not the tape will be admitted. You can certainly object to it.

Under the Rules of Evidence, the best evidence is always the original. Always.

NJ RULES OF EVIDENCE NJRE RULE 1003. ADMISSIBILITY OF DUPLICATES
A duplicate as defined by Rule 1001(d) is admissible to the same extent as an original unless (a) a genuine question is raised as to the authenticity of the original, or (b) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

You may want to purchase this handy summary guide of the NJ Rules of Evidence so that you can refer to it in court: http://www.elexpublishers.com/new-jersey-evidence-guide.html

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions