Possible Defenses for Video Voyeurism Cases in Pinellas County

Facing a video voyeurism charge in Pinellas County can be incredibly stressful. These sex crime cases typically involve highly sensitive allegations that can completely and permanently damage the rest of  your life. However, being accused of a crime is not the same as being convicted. Depending on the circumstances, there may be strong legal defenses available to fight the charge.

At The Law Offices of Marc N. Pelletier, our Clearwater sex crime defense attorneys skillfully build the most effective defense strategies possible for each of our clients. 

Having a Lack of Intent

Intent is a key part of any video voyeurism charge. Prosecutors must prove that the accused knowingly recorded or observed someone for a lewd or voyeuristic purpose. But not every recording or observation meets this standard. In some instances, the recording may have been accidental or taken without any inappropriate motive. If there’s no clear evidence that the accused meant to violate someone’s privacy, this could be a strong basis for your sex crimes attorney in Clearwater with The Law Offices of Marc N. Pelletier to use.

Having No Reasonable Expectation of Privacy

Florida law defines “reasonable expectation of privacy” in the context of video voyeurism charges. Generally, this definition indicates that a person has a reasonable expectation of privacy if a person would expect that he or she could fully disrobe without being concerned that he or she was being viewed or recorded by another individual. The statutory even provides some examples of places where a reasonable expectation of privacy attaches, such as, a bathroom, changing room, fitting room, dressing room, or tanning booth. In some cases, the complaining witness’ may not have been in an area where it was reasonable to expect privacy (for example a park or public beach). Therefore, it may be possible to build a legal defense on the theory that the alleged victim exposed themselves in an area where no reasonable person would believe that privacy was assured.

Mistaken Identity

In some cases, the person accused of video voyeurism may not be the actual offender. Eyewitness misidentification, poor video quality, or circumstantial evidence can lead to the wrong person being charged. If the defense can present an alibi or show that surveillance or witness accounts were flawed, mistaken identity may be a viable defense. Establishing that the accused was not present or involved at the time of the recording is critical in such cases.

Having Insufficient Evidence

In any court proceeding, a strong case needs solid proof. In many video voyeurism cases, the prosecutors must connect the accused to a specific recording device or video. If no footage has been recovered or if there’s no evidence linking the defendant to the device, there may not be enough to even move forward with the case. In cases like this, a defense attorney can challenge the strength of the evidence and question whether it truly supports the charge. 

Being Subjected to Unlawful Search and Seizure

If the police collected evidence without following proper legal procedures, that evidence may not be allowed in court. This includes situations where a phone, computer, or home was searched without a valid warrant, or when officers exceeded the limits of what a warrant allowed. If the search violated your Fourth Amendment rights, your Clearwater sex crime defense attorney with The Law Offices of Marc N. Pelletier can argue that any evidence obtained as a result should be excluded from the case entirely. 

You Are Not Out of Luck; Speak with a Defense Attorney Today

If you or someone you know has been charged with any kind of video voyeurism, it is extremely important to speak with an experienced criminal defense attorney as soon as possible. At The Law Offices of Marc N. Pelletier, we understand how critical quality representation is, and we will proudly build as strong a defense as possible.

Do not hesitate to reach out for help. Request a free case consultation with one of our sex crimes attorneys in Clearwater or call today at (727) 493-9386.