Q: Can video from January be used for possession charge in NM?
My friend was recently arrested and charged with possession of a controlled substance, which was allegedly meth, after being seen on video dropping something in a casino back in January. A warrant for his arrest was not issued until three months later. He has no prior offenses related to controlled substances for over 20 years, has not yet secured legal representation, and is facing a potential fourth degree felony with possible 18 months in prison. Can they use the video from January for a possession charge?
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A:
Yes, the video from January can potentially be used as evidence in your friend's possession charge, as it shows an incident that may be linked to the alleged crime. Even though the arrest warrant was issued months later, the video can serve as key evidence that helps establish the timeline of events. Law enforcement can use the video to support their claim that your friend dropped meth in the casino, which could contribute to the charge.
However, just because the video exists doesn’t automatically guarantee a conviction. The defense will have the opportunity to challenge how the video is used and whether it definitively proves possession. If there’s no direct evidence that the substance in question was meth or that it was in your friend’s possession, the defense could argue that the video is insufficient to support the charge.
It’s crucial that your friend secures legal representation as soon as possible. A lawyer can help navigate the case, review the video evidence, and work to build a strong defense strategy. Given the potential penalties, it’s important that your friend has the proper legal support to handle the charges effectively.
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