Can you be charged of a crime if there is no DNA or eyewitness saying that you did it but a video of you by a person’s car? 44 Answers as of June 13, 2013

Can you be convicted and charged for vandalism? What rights can I present to the court /constitutional rights to prove that I am an innocent? They have no legal proof that I did it but a video of me by his car.

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Law office of Robert D. Scott | Robert Scott
The burden is upon the state to prove each element of charges they file, beyond a reasonable doubt.
Answer Applies to: Maryland
Replied: 9/12/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
In a criminal matter, the prosecuting attorney would have to prove your guilt beyond a reasonable doubt. While you do not have to testify on your own behalf, in this case you would have to convince the jury that you were just walking by the car and did not take part in any of the vandalism. You should carefully review the video to see if the damage was already done prior to you walking by or if the car was not damaged as you walked by. If you are not represented by an attorney you should either hire one or ask the court to appoint one for you. An attorney who understands the court rules and rules of evidence can be very helpful.
Answer Applies to: Michigan
Replied: 9/6/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
A person can be convicted by strong circumstantial evidence.
Answer Applies to: Pennsylvania
Replied: 9/6/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
You can be charged and my guess is that you already are based on your question. Your best bet is to hire an attorney to aggressively defend you against these charges. You are presumed innocent. It is your attorney's job to show that the DA did not prove your guilt based on the video alone.
Answer Applies to: New York
Replied: 9/6/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If the police have enough evidence to establish probable cause to believe you committed a criminal act, they can refer the case to a prosecutor for determination of charges.
Answer Applies to: Kansas
Replied: 9/6/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Video evidence might be enough for a prosecutor to gain a conviction for vandalism. Keep in mind that it is not your job to prove that you are innocent, but the prosecutor's job to prove that you are guilty. If you are accused of a serious crime, don't talk to the police without a lawyer present.
    Answer Applies to: Utah
    Replied: 9/6/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Yes.
    Answer Applies to: Illinois
    Replied: 5/22/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Yes you can be charged. The more important question is, can you be convicted. That is dependent upon what evidence is admissible and how credible it is and if it supports the Commonwealth's claim. A video of you standing by a car is not enough, typically. But there is no exact amount of evidence that will or will not decide a case. It depends on what a jury believes.
    Answer Applies to: Massachusetts
    Replied: 9/6/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Based on the facts given you can be arrested for the crime. However, you cannot be convicted without pleading guilty or being found guilty at trial.
    Answer Applies to: California
    Replied: 9/6/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can be charged if there is "probable cause" to believe that you committed a crime. It may however be difficult to "convict" with the evidence you cite. Remember, you are innocent until proven guilty "beyond a reasonable doubt".
    Answer Applies to: Minnesota
    Replied: 9/6/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney to represent you. Although the prosecution has the burden to prove you guilty beyond a reasonable doubt, you should talk to your attorney as to whether you should present ?evidence on your behalf.
    Answer Applies to: New York
    Replied: 9/6/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Myles Hahn III Attorney at Law | Myles Hahn III
    The State decides if they have enough evidence to try and convict you. If they go to trial, they call witnesses to testify. THEY PLAY THE VIDEO. THE JUDGE OR JURY DECIDES IF YOU WERE PROVEN GUILTY.
    Answer Applies to: Illinois
    Replied: 9/6/2012
    Amber Lunsford, Attorney at Law | Amber Lunsford
    You need to consult with a criminal defense attorney, who will need more information than is available here. If you cannot afford a private attorney, the public defender will be appointed (usually during your first appearance). You don't know what they do or don't have at this point, as you have likely not read the discovery in your case (police reports, witness statements, alternative video).
    Answer Applies to: California
    Replied: 9/6/2012
    Steven Alpers | Steven Alpers
    A video is perfectly good admissible evidence of a crime.
    Answer Applies to: California
    Replied: 9/6/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Yes.
    Answer Applies to: Nevada
    Replied: 5/22/2013
    Gates' Law, PLLC | Thomas E. Gates
    The video is all that is needed. Kind of hard to refute the visual evidence.
    Answer Applies to: Washington
    Replied: 9/6/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can you be charged ?? Of course. If they think they can convict you. Prove that I am an innocent? You will never prove innocence, that can not be done. Your goal is to show the prosecutor can not prove your guilt. When charged with any crime, the proper questions are, can any evidence obtained be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    One would have to know the facts in order to advise you, to see the video would help.
    Answer Applies to: Florida
    Replied: 9/6/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/22/2013
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Don't need DNA for this type of case.
    Answer Applies to: Michigan
    Replied: 9/3/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    A lawyer will know how to present your case. You do not know, no matter how many episodes of "Law and Order" you've seen. Do not attempt to represent yourself. Get a lawyer or ask for a public defender and tell them you want to fight the case and that you are innocent. A jury has to find that the evidence proves you guilty beyond a reasonable doubt. If all they have is a video of you near the car but the video does not show you damaging the car, seems there's some room for doubt there.
    Answer Applies to: California
    Replied: 9/3/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Any evidence can work for a conviction. The prosecutor must prove you did it beyond a reasonable doubt to a jury.
    Answer Applies to: Michigan
    Replied: 9/3/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Sounds like a weak case but you can be charged if there is probable cause. Conviction is another matter and requires proof beyond a reasonable doubt.
    Answer Applies to: Washington
    Replied: 9/3/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Does the video show you doing anything? When was the video made? When did the vandalism happen?
    Answer Applies to: Michigan
    Replied: 6/13/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    All those rights stuff are from movies. In the real world, the only way you're going to get off is to have a good lawyer. Without a good lawyer, they can convict you on nothing but circumstantial evidence. Also, without a lawyer guiding you, you'll probably open your mouth and talk to the wrong folks, further inicriminating yourself.
    Answer Applies to: California
    Replied: 9/3/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Hire an attorney. The video is legal proof.
    Answer Applies to: California
    Replied: 9/3/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    There is no specific evidence required for a conviction, as long as it is sufficient to convince a rational person beyond a reasonable doubt that the defendant is guilty. A video of you being by the victim's car is probably not enough, but of course I haven't seen the video. A video of you being by the victim's car at about the time of the vandalism, evidence that the victim had vandalized something belonging to you, and testimony that you had said that you would get the victim back would probably be sufficient. But 'sufficient' just means that the state can properly accuse you of the crime and force you to trial. The jury might not be convinced, in which case you would still not be convicted. You or your attorney could offer whatever evidence tended to prove your innocence, including your testimony that you didn't fo it.
    Answer Applies to: Oregon
    Replied: 9/3/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    You can be charged and possibly convicted. You have a defense to fight the charge. Part of your defense is no witnesses and no physical proof. Your constitutional right is to have a capable attorney represent you against the charges and guide you through the legal process.
    Answer Applies to: Illinois
    Replied: 9/3/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A video of you at or near the car, particularly if it was at or near the time of the alleged incident, may be strong circumstantial evidence against you. The courts do not rely on DNA or fingerprint evidence to convict. It is normally based on the totality of the circumstances. You may have sufficient evidence for reasonable doubt, but it also may be a jury decision. Consult an attorney.
    Answer Applies to: Alabama
    Replied: 9/3/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will not be an easy case but you can be convicted by circumstantial evidence. Get an attorney.
    Answer Applies to: Michigan
    Replied: 9/3/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You can be charged but a conviction is much more difficult to prove as the state must prove the charge beyond a reasonable doubt.
    Answer Applies to: New Jersey
    Replied: 9/3/2012
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    You need to hire a criminal defense attorney who practices in the city or county where you were charged. Video of you standing next to the car could definitely be enough to show circumstantial evidence that would allow police to arrest you, and might cause a judge to believe that you are guilty.
    Answer Applies to: Missouri
    Replied: 9/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The video is the eye witness. Good luck in court.
    Answer Applies to: Georgia
    Replied: 9/3/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Seeing you near the car may be enough to charge you but rhey will need to prove you did it beyond a reasonable doubt at trial.
    Answer Applies to: Pennsylvania
    Replied: 9/3/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Of course you can be charged. Convicted may be another issue.
    Answer Applies to: Pennsylvania
    Replied: 9/3/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes, you may be charged. You have the right to an attorney and the right to require the prosecution to prove the charges.
    Answer Applies to: Maryland
    Replied: 9/3/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes because of circumstantial evidence.
    Answer Applies to: Washington
    Replied: 9/3/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You do not have to prove your innocence - the prosecutor has to prove you are guilty beyond a reasonable doubt if a trial is held. Depending on the quality and quantity of evidence, that may not be too easy for them. Sounds like a case to have a lawyer defend you on.
    Answer Applies to: Colorado
    Replied: 9/3/2012
    Mary W Craig P.C. | Mary W Craig
    First, as a defendant you do not have to prove anything. The state must prove you are guilty. You don't say where the video was taken, or how long before the vandalism actually occurred. If the video places you in the vicinity of the car immediately before the damage was done, then a jury may believe beyond a reasonable doubt that you did the damage. inal message.
    Answer Applies to: Alabama
    Replied: 9/3/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. A case may be made on whatever evidence is available including circumstantial evidence. Whether that evidence is strong enough to convict may depend on how well the case is argued. You should have a lawyer.
    Answer Applies to: Minnesota
    Replied: 9/3/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You damaged a person's car and there is video of you near the car at the time it was damaged. That might be sufficient circumstantial evidence that you committed the crime depending on their testimony. With the advent of cell phones, video surveillance, and police car cameras there is now a lot of video evidence to prove that a certain person was at a crime scene or committed a crime. There is also evidence of police brutality and false arrests. You should retain a good criminal lawyer and have him investigate the case and advise you of your options. You will probably plead to Criminal Mischief and pay restitution. You will be on probation for 3 years. Unless you have a bad criminal record you will probably not get a jail term. You must make better decisions in the future since a criminal record can hurt your chances of getting a good job or getting into schools.
    Answer Applies to: New York
    Replied: 9/3/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Proof that you were at the scene of the crime, with other evidence, can be enough to charge you, but not enough to convict you. You needed to hire a lawyer to protect you against a mistake leading to a conviction.
    Answer Applies to: New Jersey
    Replied: 9/3/2012
    Law Office of William L Spern | William Spern
    The video is evidence subject to examination by you. The weight it is given will depend on the trier of fact.
    Answer Applies to: Michigan
    Replied: 9/3/2012
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