How do request video as evidence for a criminal case

[william71]

What is the name of your state (only U.S. law)? FLORIDA

I was involved in a fist fight in front of a store that resulted in me getting charged with a Simple Battery Misdemeanor about a month ago. From what I understand there is video that the store has that may or may not prove my innocence. How does one go about obtaining a copy of such video? If possible, could I file a motion on my own to obtain a copy of the video? Do I just ask the store for a copy? Any advice on this would be appreciated.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? FLORIDA

I was involved in a fist fight in front of a store that resulted in me getting charged with a Simple Battery Misdemeanor about a month ago. From what I understand there is video that the store has that may or may not prove my innocence. How does one go about obtaining a copy of such video? If possible, could I file a motion on my own to obtain a copy of the video? Do I just ask the store for a copy? Any advice on this would be appreciated.What is the name of your state (only U.S. law)?

Your attorney should have no problem getting a copy...

 

[CdwJava]

You can ASK the store for a copy, but they would not be compelled to provide it. Your attorney will know to subpoena the tape.

Also, be careful because the tape may not show what you hope it will show. If the two of you engaged in a mutual combat or are equally to blame for instigating the fight it will not matter who threw the first punch and all the vide will do will be to affirm the fact that you DID throw a punch and commit battery.

 

[Zigner]

Before answering - check the posting hx folks. This guy's just gonna tell us we're wrong...he's got it all figured out!

 

[william71]

Before answering - check the posting hx folks. This guy's just gonna tell us we're wrong...he's got it all figured out!

That's because 99% of the time you are wrong Zigner regarding the outcome of cases. Just my experience with your answers.

 

[william71]

You can ASK the store for a copy, but they would not be compelled to provide it. Your attorney will know to subpoena the tape.

Also, be careful because the tape may not show what you hope it will show. If the two of you engaged in a mutual combat or are equally to blame for instigating the fight it will not matter who threw the first punch and all the vide will do will be to affirm the fact that you DID throw a punch and commit battery.

Thanks CDW - Sound advice. I'll keep that in mind as the case gets closer.