Q: Can unsworn video identification be court evidence?

A: If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if possible. If your bf was charged with a crime, or is currently a suspect, the bottom line is that he needs a lawyer in his geographic area pronto, and your good question must be discussed with him/her.

A: You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.

A: In general, for identification to be used as evidence in court, it typically needs to be made under oath, especially if it involves an eyewitness or someone identifying a person from a video. Since you were not sworn in during the identification process, this may undermine its credibility in court. The fact that it is noted in bold in the discovery that you were not sworn in is important and could be raised by the defense during trial.

The court may still allow the video identification to be presented, but the weight it carries could be limited due to the lack of a sworn statement. The defense could argue that your identification is less reliable because it wasn't made under oath or formally documented in a way that ensures accuracy and accountability.

If this video identification is critical to the case, your testimony regarding the identification might still be important, but you should be aware that it might be challenged. It's a good idea to discuss this issue with your attorney to understand how it might impact the case and how best to address it during the trial.