Surveillance Footage in Shoplifting Cases
Almost every shoplifting case we defend these days involves the use and assistance of surveillance tapes in the arrest and prosecution. That is why we always request any videotaped footage from the prosecutor and subpoena the store directly as well to turn over their footage. If this footage is not turned over right away then we argue that the judge should sign an order demanding that any footage which exists must be turned over within a short period of time or they lose the ability to use it against our clients in the criminal prosecution. Throughout their careers, the New Jersey shoplifting attorneys a Proetta & Oliver have carefully examined and watched hundreds of hours of surveillance videos that allege shoplifting. We watch these closely to see what they show, but more importantly what they may not show. If you or a loved one has been arrested for shoplifting in New Jersey and you are interested in analyzing the evidence against them including the surveillance tape, give us a call today for a free consultation. All consultations whether in person or over the phone are confidential so you can always rest assured that your privacy is protected.
Can Surveillance Be Used To Prove I Shoplifted?
The simple answer is Maybe. That is because a lot needs to full into place for the prosecutor to admit the surveillance tape under the rules of evidence. First and foremost, the store would need to produce the video before trial. Secondly, the loss prevention officer who videotaped the surveillance who have to appear and testify at court (there is an important distinction between this person and the loss prevention officer who may have charged you), more over that same person who have to then explain how the surveillance system to describe how it was recorded and then duplicated into the version that is being admitted into evidence at court. If any of these steps are not followed properly, then there is a good chance that the surveillance video will not be admitted into evidence be used against you, and could result in your shoplifting charges being dismissed in their entirety.