Virginia false criminal accusations can be thwarted when video evidence exists to show otherwise, says Fairfax criminal lawyer

Virginia false criminal allegations can lead to wrongful arrests, prosecutions and convictions. As a Fairfax criminal lawyer criminal lawyer, I know that videotaping and audiotaping equipment is now so advanced and inexpensive that one can barely take a stroll in a neighborhood without being filmed by residents’ doorbell cameras. This prevalence of government and private-run videotaping at once diminishes the greater privacy we had when such technology was clunkier and more expensive, and enhances our ability to overcome false criminal accusations leveled against us. Inexplicably, even when their own bodycam and dashcam video footage shows otherwise, many police officers still materially mischaracterize the behavior of the criminal defendant.

Does the risk of Virginia false criminal accusations mean to videotape and audiotape our every waking hour?

One can be driven to the state of paranoia about the risk of Virginia false criminal accusations to the point of videotaping and audiotaping every waking moment of theirs. That is not mentally health. Moreover, beware where you are engaging in such audiotaping, because of the jurisdictions that require the consent of all parties to a conversation before such taping becomes non-criminal. A recent Virginia Court of Appeals underlines the perjury abuse that is unintentionally invited by the commonwealth’s overly liberal (against the accused) rules for issuing instant protective orders, even against people who have done nothing wrong. David Remey must be thanking himself for having equipped his home with multiple cameras on his property, which were available to thwart his child’s mothers lies told in her effort to obtain a protective order against Remey. To support her effort to obtain a protective order against Remey, defendant LeBlanc swore that Remey was screaming, slapped her hand, and hit her in the shoulder with his. LeBlanc’s lies got her a perjury conviction, but for every perjury prosecution and conviction against those who lie to obtain protective orders and convictions, many others commit such perjury and never get caught. LeBlanc v. Commonwealth of Virginia, Record No. 0155-22-2 (Va. App., July 26, 2022) (unpublished),

If my audiotape of an encounter shows Virginia false accusations against me, what should I do?

Whether or not it is a Virginia true or false accusation against you, you need to obtain a qualified criminal defense lawyer to pursue your best results in court. With or without a lawyer, a falsely accused criminal defendant is often going to feel betrayed and victimized by such accusations. If you audiotaped or videotaped the incident, make multiple reliable copies of the taping, so that you eliminate any risk of that footage getting lost or deteriorated. Get a copy without delay to your lawyer.

How I obtained a Virginia assault acquittal with the help of covert audiotaping of the incident

Praised be one of my Fairfax assault defense clients who had the clear thinking to have covertly audiotaped a tense encounter with his then-girlfriend in telling her he was moving out from living with her. This audiotape demolished his ex-girlfriend’s Virginia false accusation that she had initiated the split, which allegedly led my client to punch her and cause a bloody nose (my client convincingly testified that she easily gets a bloody nose when stressed) and to grab her arms to cause contusions (the police officer saw no marks on her other than from her bloody nose, and I argued that the photo she presented of contusions was taken days after, therefore being able to have come from another cause).

In acquitting my client, the trial judge told me he was doubtful about my opening statement’s claim that matters played out as I detail above (plus that my client only touched the complainant to hug and console her), but that the audiotape showed him that my client and I were telling him the truth, including with my client’s cool-as-a-cucumber demeanor on the audiotape, contrasted with his ex-girlfriend’s yelling her head off and asserting she would f*ck with my client. (If only we could foresee the bad news of such people to avoid getting involved with them in the first place.)

Rampant videotaping and audiotaping means to be careful doing anything that you would not do in front of a cop

We get lulled into false senses of confidentiality when few aspects of our lives are private once we leave the restroom. Those inclined to commit crimes need to keep this in mind. Those who have no interest in criminal activity need also to be careful that videotape will not cause their innocent actions to be misconstrued as indicators of criminal activity. Also, beware that if you are with people in the process of committing a crime or about to commit a crime, you may be dragnetted in with their prosecution.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia felony, drug, misdemeanor and DUI prosecutions. Call 703-383-1100 for your free in-person completely confidential initial consultation with Jon Katz about your court-pending case.