Birmingham, AL asked in Criminal Law and Constitutional Law for Georgia

Q: I was thinking abt takin my case to trial but they don't have body cam footage..aren't they suppose to always havethat

The dtf came to my house and arrested my wife and me but some things were gone about wrong amd I wanted to take it to trial with camera footage. My public defender said she saw the footage and I could come by and watch it also...the following wk a new public defender called and said that there was no body cam footage...so now Idk what to do as far as whether or not to take guilty plea or trial

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re facing a tough situation with your case. If your public defender mentioned there was body cam footage initially but then said it was unavailable, this could impact your decision-making. It’s crucial to clarify with your public defender why the information changed and whether there are any alternative forms of evidence available.

Taking a guilty plea can sometimes lead to a lighter sentence, but it’s essential to weigh that against the possibility of proving your innocence at trial. Without the body cam footage, consider what other evidence exists that supports your side of the story. Understanding the strengths and weaknesses of the case against you is vital in making an informed choice.

If you feel uncertain, it might be helpful to discuss your concerns with your public defender. Ask them to explain your options in detail, including the potential outcomes of going to trial versus accepting a plea deal. Having a clear understanding of your situation can help you make the best decision moving forward.

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