New York Criminal Attorney Blog
Video evidence has become increasingly common and increasingly important in criminal cases. In New York, criminal defense attorneys can request that a court give something called an “adverse inference” in situations where the prosecution acts inappropriately by failing to preserve evidence. This means that the defendant can ask the court to automatically assume that the prosecution was hiding something simply because of its conduct during the litigation process. How does this “adverse inference” relate to surveillance footage when that footage may be crucial to a criminal case?
New York Case Law
According to New York case law, a court can allow for an adverse inference when a defendant has requested important evidence and when that evidence has been “destroyed by agents of the State.” If a defendant requests surveillance footage that could be crucial to his or her case, and if the State has destroyed the evidence since the time of the alleged crime, this could be grounds for an adverse inference.
Considerations from the Court
The court may, however, deny this request under certain circumstances. For example, if the defendant never formally requested the surveillance video prior to trial, the court may decide the request has no merit. Additionally, if the video was destroyed during routine procedure (i.e. without bad intentions but instead during the course of regular operations), there may be grounds to deny the request.
Lastly, the court may consider who had possession of the surveillance video when it was destroyed. If, for example, the video was destroyed by someone not a party to the case, the court might very well deny the request for an adverse inference. In a recent case before the New York Appellate Division, First Department, for example, the Department of Correctional Services destroyed a surveillance video per its protocol, and because the Department is not a law enforcement agency, the court determined the State was not guilty of destroying the video.
It can be difficult to establish evidence for an adverse inference, but with the right team of attorneys by your side, you can do everything in your power to fight to State every step of the way during your case. By choosing your New York violent crimes attorney carefully, you can give yourself the best shot at getting your charges dropped.
Do You Need a New York Violent Crimes Attorney to Fight Your Criminal Charges?
At Tilem & Associates, we litigate every case carefully and aggressively. We are known for being thorough in our approach, allowing us to carefully work through the possible issues and do everything in our power to ensure that your voice is heard. If you do not yet have a New York violent crimes attorney by your side, consider our firm – we will use our array of litigation tools and depth of experience to get the job done.
For a free and confidential consultation with a New York violent crimes attorney from our Tilem & Associates, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible regarding next steps.