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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27180
Experience:  10+ years defending Misdemeanor and Felony cases.
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If someone takes a photo of me with their camera while I am

Customer Question

If someone takes a photo of me with their camera while I am sitting in my car having a drink of alcohol can this be used against me in court?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. Can you share with me what they would be using the photo for and why they took it?

Customer: replied 1 year ago.
A husband in a divorce situation taking photos of wife to get her in trouble & make her pay or end up in jail or change divorce settlement- revenge by husband & his girlfriend
Expert:  CrimDefense replied 1 year ago.

Thank you for the additional information. If the photo is relevant to the case and would tend to prove something, which is issue, then it could be used. However, it would need to be explain and shown why it is being introduced. Moreover, unless they were drinking out of a bottle, it could be to show with certainly, that there was alcohol being consumed. Sitting in a car and having a drink of alcohol, is not something that should have an effect in the divorce, unless children were at issue and they were in the car or the party was not allowed to consume alcohol. Also, if the husband is trying to blackmail her with this, she can address it with the court. It should not be used for revenge.

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Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!