Can you refuse to give a lawyer evidence that helps a case?
Say someone is accused of assault...it is said to happen in multiple rooms in a place where the two people involved, accused and the victim, interacted. Each room has surveillance cameras catching what happened between the two. The accused mentions this to a defense attorney who asks the owners of this place for the video footage. Can the owners rightfully refuse to give it to them even though the footage would instantly prove the accused is actually innocent? Can it be argued that the owners are framing the accused in some way?
- KarenLv 61 month ago
1 - As a general practice the footage would have been subpoenaed as soon as the attorney became aware it existed. That way it doesn't disappear, and there is no discussion at the time of a hearing/trial; AND
2 - Yes, the owners can refuse to release the footage unless/until they are subpoenaed to bring the evidence to Court.
3 - I don't understand the "framing anyone" part. Anyone can argue anything, I suppose, but if no one sees the footage, no one knows what it contains.
- StephenWeinsteinLv 71 month ago
If the lawyer just asks, they might be able to refuse, in part because he just asked and didn't do anything more.
If the lawyer goes through the proper procedure to have the owners served with a subpoena ordering them to provide it, then they usually cannot refuse, although there are situations in which they could go before a judge and argue that it was privileged.
- NeilLv 41 month ago
It can be argued that the moon is made of green cheese. Such an argument won't get very far.
The owners can refuse.
- STEVEN FLv 71 month ago
In the case you describe, the COURT would order the security video to be turned over. The defense attorney wouldn't even TALK to the business before securing a court order.
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- MaxiLv 71 month ago
They would just get a court order for the footage
- BruceLv 71 month ago
You are under no obligation to release the footage without a court order. If you are given a court order and don't comply, you can be found in contempt of court.
No, you can't argue that you are being framed.
- PeterLv 71 month ago
Yes, as ANON said, the owners of the footage can refuse to release the footage, but lawyers would get a court order to force them to hand it over.
- Anonymous1 month ago
If there is evidence, then it is entirely in the right of the lawyer to demand for a judge to rule that it should be turned over. And then failing to turn it over would mean it would be seized (search warrant) and whoever resisted turning it over prosecuted.