Can a person be convicted of delivery of a controlled substance when the video tape evidence doesn’t show the actual crime being committed?

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Can a person be convicted of delivery of a controlled substance when the video tape evidence doesn’t show the actual crime being committed?

The indictment came 10 days shy of 3 years (statue of limitations) of the state jail offence and it seems to be a weak case. Video tape evidence only shows the defendant from the shoulders up and nothing of the actual offence that he is being charged with. Would the state have enough evidence to get a conviction with such a video tape as evidence?

Asked on August 22, 2010 under Criminal Law, Texas

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the indictment came within the statute of limitations, then that cannot be raised as a defense.  With respect to whether or not the state will be able to obtain a conviction, it depends on the existence -- and strength -- of the other evidence.  If the state has inculpatory evidence in addition to the videotape that you describe, then they may very well be able to obtain a conviction.  On the other hand, if the only evidence that exists is the videotape, then it does sound like a weak case.  However, that does not rule out the possibility of conviction after trial.  I suggest that you retain an experienced criminal defense attorney, who will have an opportunity to review the state's evidence and evaluate the likelihood of conviction.  If the evidence is as weak as you describe, then there is a high likelihood that your attorney will be able to obtain a favorable resolution of this matter for you.  Good luck.


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