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?

Question

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.

Michael J. Breczinski · Answer

Does the video show you doing anything? When was the video made? When did the vandalism happen?

Michael Palumbo · Answer

Yes.

Leonard A. Kaanta · Answer

Yes.

Steven Alpers · Answer

A video is perfectly good admissible evidence of a crime.

Terry Nelson · Answer

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.

Eric Sterkenburg · Answer

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.

Gregory Casale · Answer

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.

Nathaniel Shafer · Answer

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.

Thomas Edward Gates · Answer

The video is all that is needed.  Kind of hard to refute the visual evidence.

Robert De Groot · Answer

One would have to know the facts in order to advise you, to see the video would help.

Dennis P. Mikko · Answer

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.

Jeffrey Pollock · Answer

A person can be convicted by strong circumstantial evidence.

Mark Bruce · Answer

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.

Timothy Klisz · Answer

Any evidence can work for a conviction. The prosecutor must prove you did it beyond a reasonable doubt to a jury.

Jeff Yeh · Answer

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.

John Brennan · Answer

It will not be an easy case but you can be convicted by circumstantial evidence.  Get an attorney.

Andrea Rogers · Answer

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.

Jason P. Kutulakis · Answer

Of course you can be charged. Convicted may be another issue.

Steven Fairlie · Answer

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.

Gary Moore · Answer

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.

James Schoenberger · Answer

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.

William Spern · Answer

The video is evidence subject to examination by you. The weight it is given will depend on the trier of fact.

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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?

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