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tapes admissible or not ?

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I

inhotwater

Guest
What is the name of your state? California


I have a question. I know I am going to need to get a lawyer for this but I am just trying to get up to speed a little about what I should be ready to expect. I went to work at a convience store 3 months ago more or less as a favor because one of my roommates is the assistant mgr there and they were terribly short staffed. I already had another full time job and am going to school full time too. But anyways, a lady came in on friday the 13th (go figure) she gave her bank/credit card to open up the pumps for gas. When she was done pumping gas she forgot to come back in and get the card. We were having computer problems that day and I was being moved from one to the other many times that day. When my mgr walked over to the one that she was taking me off of the bank card was sitting on top of it and she asked what it was. I told her that a lady left it there so she tossed it over onto my register. Well to make a long story short I put the card in my register along with another card later that day so that it would not get lost or picked up. The next day when I came to work the card was gone so I assumed that the lady came back for it. Well the next nite someone came in the store and used the card to purchase things from me. I didnt ask for id on the card and that was my number one mistake. But I didn't even notice who the card belonged to when I did it. Well the lady called the next nite and asked if her card was still there and oddly enough when I came on duty that next day and counted my drawer at the beginning of shift the card was back and under the food stamps in my drawer. This was very odd. I told the lady yes but that I had thought that she had already picked it up because it wasn't there the day before. Anyways she got her card back and come to find out someone had used it in our store and at least two other stores. Well they have me on tape selling the items to someone but it is not showing anyone in the store with me at the time. They are saying that I bought the things with her card, i signed the receipt and i put the items in a bag on the floor and later picked them up and walked out of the store with them !!! Well i have seen part of the tape and if i didnt know I wasnt guilty i would think i was but i'm not and i don't know what to do . My main question is if this tape goes to court I am more or less screwed because I look guilty. Is a video tape admissibe in the court of law ? Can someone plese help me out with this ??:confused:
 


I

inhotwater

Guest
Thank you for taking the time to read and respond to my question.
 
B

Boxcarbill

Guest
Yes, video tapes are admissible and are often introduced at trial in criminal cases such as DWI/DUI, robbery and theft, just to name a few which quickly come to mind. But even if the tape were not admissible, I think the state can persuade a jury that you used the card . Your story is very creative and to relatives and friends who want to believe you, the story will persuade them. But I would not reject a decent plea bargain offer on the basis that a jury will believe the story-- even without the video.
 
I

inhotwater

Guest
Thank you for your input and advice. Any clue as to what kind of charges this would bring up on me? Would it be credit card fraud or something else? And wouldn't they have to prove that it was my signature on the receipt to begin with ? I did not sign the receipt and I did not purchase the things with the card so wouldn't that prove me not guilty ? The only thing that I am hoping that is on my side is that the other stores that it was used at actually shows the person doing the purchasing of the items there. Thank you again.
 

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