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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23600
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If she or he gets arrested and video evidence is used in case

Customer Question

If she or he gets arrested and video evidence is used in case and you get charge but flushed crack down toilet and your almost 3 years still fighting case can officer go back and look at video tape and charge he or she with the crack in toilet if she or he gets caught addmiting it on video evidence for the same case
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Are you saying that three years into a pending case the prosecutor is trying to add new charges? Or is this just curiosity? Or is he or she already charged with the possession of the crack due to his admission on the video?
Customer: replied 1 year ago.
Out of curiosity, its edited out but, someone on video eviedence being also charge,but they are requesting the video eviedence in its full video (also can video evidence be edit at a jury trail)so if he brings the full tape and now it shows me addmits i flush down toliet a large amount crack cocaine,can I still be charged with the cocaine if trail has started?
Customer: replied 1 year ago.
Video evidence in trap has 2 bb
Customer: replied 1 year ago.
Video evidence can only play in the full in trail try
Expert:  Zoey_ JD replied 1 year ago.
Thanks for the reply.
The state already knows what is on this video and did not charge you with the possession of the crack or the destruction of evidence. If you make an admission on that tape which would implicate you in another charge, it would be highly prejudicial to have the jury seethat portion of the tape. Your lawyer would argue that this portion of the tape not be shown to the jury.
In general, once the trial has begun, they can't add new charges.
Customer: replied 1 year ago.
Video evidence in a trial can the video evidence be edited
Expert:  Zoey_ JD replied 1 year ago.
Possibly. The tape can also be stopped at a certain point. The evidence can also be kept out of the case altogether, or some of its contente stipuated to, meaning that the judge could tell the jury that if the videotape was shown the defense and prosecution agree that it would show. . . (whatever the agreement is).
You'd get a ruling from the judge as to any of this before the jury would know about a videotape.
Customer: replied 1 year ago.
What about the evidence rules
Expert:  Zoey_ JD replied 1 year ago.
What about it?
As I indicated, if your lawyer didn't want some of the evidence shown, he could get a ruling aon that from the judge before the jury would even know of the existence of a videotape. Evidence has to be relevant, it has to avoid hearsay objections, and it also has to be more probative of the facts in the case than prejudicial to the defendant.
From there, if the video is allowed to come into evidence, the foundation has to be properly made as to its admission into evidence or the other side can object to its admission.
Customer: replied 1 year ago.
What about if in the video the man is particially naked and his fourth and eighth amendment is being violated throughout the entire tape
Expert:  Zoey_ JD replied 1 year ago.
There will be a hearing as to any issues of unconstitutionality prior to the selection of a jury. If the evidence was taken in violation of your constitutional rights it can be suppressed, meaning it cannot be used against you at trial
We have come very far from your actual question, which was answered a long time ago. If you have no further questions about new charges being added during the course of a trial, please consider rating my service at this time so that I may get credit for my work.
Customer: replied 1 year ago.
How is your 4th and 8th amendment violated, with police
Customer: replied 1 year ago.
How can your 4th and 8th amendment by violated by police?
Expert:  Zoey_ JD replied 1 year ago.
I am very sorry for the delay. I am in transit to an out of state wedding and am responding to your question during a layover in the airport. I'm not sure what you are asking. Do you want to know the various ways in which police are able to violate 4th and 8th amendment rights, or are you expressing outrage that it has happened?
Customer: replied 1 year ago.
I want to know the various ways
Expert:  Zoey_ JD replied 1 year ago.
The fourth amendment covers unlawful search and seizure. To do a search of a residence, the police need a warrant or an exception to the warrant requirement, such as your consent, or hot pursuit, or an emergency, or as a search incident to an arrest. If the police don't observe this, then the search could be unlawful. This would be determined ed at a hearing, and if the defense wins the hearing the evidence would be suppressed and could not be used at trial. The 8th amendment covers cruel and unusual punishment and applies to such matters as very unsanitary prison conditions, extended periods of time in solitary confinement, failure to provide adequate medical care, a disproportionately harsh sentence, unsafe prison conditions.