Requesting video evidence in criminal case

[taylorweber]

Nebraska

In a nutshell, I was at the bars and a bartender disliked me. He cut me off drinks, I stayed calm and after awhile I flipped him off. The bartender got mad and came around the bar and threw me on the ground. I was then arrested and cited with Disturbing the Peace. There was video evidence that the officer acquired and considered, however he decided not to void my ticket due to me flipping the guy off. He admitted I never struck the guy and therefore didn't get into a fight.

Now I'm going to court on May 1st, I have already plead not guilty. I'm representing myself as I can't justify a lawyer for such a small fine. I need some clarification on whether this video evidence will be already present in court, or if I need to request under the terms of "discovery".

And to clarify, I know flipping someone off is protected under freedom of speech, but I said "f--k you" to the guy, which constitutes "fighting words". And Unfortunately in my drunken disbelief I admitted this to the officer the night of. So I am not sure whether that "hearsay" will be considered legitimate. The officer didn't mention anything about the words being a factor in his decision not to void the ticket, just that in his words "In the video you did flip the guy off, so you're still getting the ticket". And I don't think he'd consider voiding it if he had acknowledged that I admitted saying it. So I am really unsure of what he will present as evidence.

This makes me think I need to request discovery of the case against me, however unfortunately I have only five days until court.

Any insight is really appreciated.

 

[Silverplum]

Your previous thread: https://forum.freeadvice.com/other-crimes-federal-state-4/disturbing-peace-cursing-bartender-594426.html#post3156352

Nebraska

In a nutshell, I was at the bars and a bartender disliked me. He cut me off drinks, I stayed calm and after awhile I flipped him off. The bartender got mad and came around the bar and threw me on the ground. I was then arrested and cited with Disturbing the Peace. There was video evidence that the officer acquired and considered, however he decided not to void my ticket due to me flipping the guy off. He admitted I never struck the guy and therefore didn't get into a fight.

Now I'm going to court on May 1st, I have already plead not guilty. I'm representing myself as I can't justify a lawyer for such a small fine. I need some clarification on whether this video evidence will be already present in court, or if I need to request under the terms of "discovery".

And to clarify, I know flipping someone off is protected under freedom of speech, but I said "f--k you" to the guy, which constitutes "fighting words". And Unfortunately in my drunken disbelief I admitted this to the officer the night of. So I am not sure whether that "hearsay" will be considered legitimate. The officer didn't mention anything about the words being a factor in his decision not to void the ticket, just that in his words "In the video you did flip the guy off, so you're still getting the ticket". And I don't think he'd consider voiding it if he had acknowledged that I admitted saying it. So I am really unsure of what he will present as evidence.

This makes me think I need to request discovery of the case against me, however unfortunately I have only five days until court.

Any insight is really appreciated.

 

[latigo]

Nebraska . . . Any insight is really appreciated.

If the particular charge carries jail time, whether or not imposed, you have a constitutional right to be represented by an attorney; to be provided at the state’s expense, should you have not the financial means.

So when you appear in court explain that you cannot afford counsel and request that one be appointed to represent you.

All of which should have been explained to you at the arraignment if not before.

 

[quincy]

If the particular charge carries jail time, whether or not imposed, you have a constitutional right to be represented by an attorney; to be provided at the state’s expense, should you have not the financial means.

So when you appear in court explain that you cannot afford counsel and request that one be appointed to represent you.

All of which should have been explained to you at the arraignment if not before.

latigo, Silverplum linked to taylorweber's other thread for a reason.

There is an unlikely 3 month jail sentence that can be imposed should taylorweber be convicted on the disturbing the peace charge.

You may wish to read the other thread which covers the charge pretty thoroughly and answers his questions on legal representation.