Can I Use My Neighbor's Camera Footage to Press Charges for a Break-In in Florida?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Can I press charges on someone who tried to break into my home and damaged my front door in the process? Since he broke my camera, I don't have proof now, but I can ask my neighbors, since they have cameras. If they can provide footage of him breaking into my home, can I use it against him?
This happened recently, and he was booked the next day.
Attorney Answer
Only the State Attorney's Office can formally "press charges" in Florida, not a private citizen, but the good news is that process may already be underway. Since the person you're describing was booked into jail the day after the incident, it sounds like police already investigated and made an arrest. At this point, the State Attorney's Office reviews the police report and decides what charges, if any, to formally file.
What you can still do is make sure the prosecution has everything it needs. Damaging your door while trying to get in, and breaking your camera, can support charges like burglary (Fla. Stat. § 810.02) and criminal mischief for the property damage (Fla. Stat. § 806.13), on top of whatever the attempted entry itself is charged as.
About your neighbors' footage: yes, you can use it, and you should get it into the right hands quickly.
1. Ask your neighbors to preserve their footage now. Many home camera systems only save recordings for a set number of days before overwriting them. 2. Get a copy saved to a USB drive or cloud folder, not just a phone recording of the screen, so the quality holds up. 3. Contact the detective assigned to your case, or the State Attorney's Office directly, and provide the footage to them rather than posting it publicly. It becomes part of the evidence the prosecutor can use. 4. As the victim, Florida's Marsy's Law gives you the right to be informed about the case and to be heard as it moves forward, so ask the detective or the victim advocate's office how to stay updated.
Because an arrest has already happened, there is no ticking clock for you personally the way there would be for someone considering their own lawsuit. The main thing is getting the footage to the prosecutor before the case moves too far along, since evidence is most useful early.
This is general legal information, not legal advice. A Florida criminal attorney or your local State Attorney's victim assistance unit can walk you through exactly how to submit this evidence in your specific case.
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Frequently Asked Questions
Can I refuse to let the case move forward if I want to drop it?
No, once the State Attorney's Office files charges, the decision to prosecute or dismiss belongs to them, not to you as the victim. You can share your wishes with the prosecutor or victim advocate, but they are not required to follow them.
Is footage from someone else's camera admissible in court?
Generally yes, as long as it can be authenticated, meaning someone can testify to how and when it was recorded and that it has not been altered. Getting the original file directly from your neighbor's system, rather than a re-recording, helps with that.
What if the arrest was for something less than burglary?
The exact charge depends on what evidence police gathered and what the State Attorney decides to file. Your neighbors' footage could support upgrading or strengthening the charges if it clearly shows intent to enter your home.
