Asked 8/9/17 – Dallas, TX

A friend met with a couple to buy a cellphone. He had them meet him at an apartment complex at the office in front of a camera. He was wearing slacks and a button down shirt that was tucked in. He pointed to the camera to let everyone know they were being recorded. The victim is stating he ran off with the phone and pushed his girlfriend down and displayed a weapon on his waistband as he was running away. None of this happened. He did leave with the phone though. He told them he would be back and ran away with it. The police were called and detectives came a few days later. The apartment complex records everything for up to 30 days but the prosecution told his lawyer they don’t have the video. This happened in 07/2014 and it is now 08/2017. His current public defender is telling him it might be a good idea to sign for time since he can’t prove he didn’t do it. The attorney also stated that my friend is not eligible for probation because he came to Texas on probation, even though he completed the probation. Is my friend in a losing battle? No weapon was retrieved from him also

Answer

The State was prosecuting cases and obtaining convictions long before video cameras were available, so yes, your friend can be convicted even though “everything happened in front of a camera and the detective didn’t grab the video”. I do not have access to the evidence the State has against your friend, so I cannot make an evaluation as to whether he is fighting a losing battle or not. Your friend has the right to have a trial, but he must understand the risks he is taking. Good luck.