Criminal Law and Digital Information: Evidence is Changing

As someone practicing criminal law, I represent clients that have been accused of all crimes including both misdemeanors and felonies.  In my years of practice, the crimes charged have not changed much but the type of evidence being presented by the prosecution has.  We live in a digital age, and digital evidence is being used on a daily basis to prove guilt. This creates additional challenges and only increases the need for anyone that is accused of a crime to hire a skilled attorney.Here are some of the types of new evidence that are being presented:  

•    Cameras.  There are hidden cameras virtually everywhere.  Whether they are on top of a local building, at the bank ATM, on top of the lights or utility poles; there are very few places you can go without a camera capturing your image.  As someone practicing criminal law, I have witnessed this type of footage being used to place person or their vehicle at the scene of a crime.

•    Social media.  Most people have a social media profile and what you post online will show up in court. Keep in mind that anything you post to a public forum is accessible by anyone and no warrant is necessary. For example, if you check-in at a location on Facebook, it will demonstrate that you were probably in that location.  If you tweet a photo, the information in that image can be used by the prosecution. An Instagram post will not only show your location, but can be used to prove that you were in a certain location at a certain time.

•    Text messages. These are recorded statements and anything you text will be saved and used against you by the prosecution. Not only will your recorded text messages be saved but telephone records could be subpoenaed to prove the mere act of text messaging. This could be very harmful in a case where an individual is being charged with violating a restraining order.  

It is important to note that, when you are accused of a crime, the prosecution has the burden of proving that you are guilty of that crime. This requires the prosecution to build a strong case using evidence and witness testimony.  If the government fails to present enough evidence or the evidence appears inaccurate, the jury may have reasonable doubt as to your guilt and they may be unwilling to convict you.  As someone practicing criminal law, my job is to ensure that your rights are protected throughout the process and to help poke holes in the evidence being brought by the prosecution, regardless of whether it is digital evidence.  The more information you can provide me with, the better equipped I will be to do so.  To discuss your case in detail, call and schedule a consultation.  

Call a Criminal Lawyer if You Are Accused of a White Collar Crime

If you have been charged with or are even being investigated for a white collar crime, you need an experienced and aggressive criminal lawyer who understands the many characteristics of the system. While there is no strict definition of a 'white collar crime', the term refers to a financially motivated nonviolent crime. This includes, but is not limited to tax evasion, trademark and copyright infringement, forgery, insider trading, embezzlement, money laundering, identity theft, mortgage or bankruptcy fraud, bank or credit card fraud, mass marketing fraud, etc. 

Why Do I Need A Lawyer Who Deals With White Collar Crimes?

Many, if not most, white collar offenses can be extremely complicated, which means that your lawyer has to be familiar with the subject matter and the specific laws pertaining to it.  For example, you never want to hire a civil litigation lawyer to handle a criminal case.   Civil litigation cases and criminal cases are tried through a different court system with different judges and procedures that must be followed.  Selecting an experienced attorney, like myself, is important for ensuring that your case is not compromised due to rookie mistakes.

White collar offenses can include an extensive variety of crimes. According to the Federal Bureau of Investigation (FBI), these crimes account for approximately $300 billion in loss each year, something that is obviously not taken lightly by law enforcement and the justice system. There is a common misconception that people convicted of white collar crimes get lighter sentences. However, prosecutors have been seeking harsher penalties. In cases involving major fraud, judges and juries have proved themselves more than willing to put people away for anywhere from twenty years to the rest of their lives, making it important to hire a skilled criminal lawyer.

Also note that white collar crimes can be prosecuted at both the state and the federal level and can involve more than one agency. For example, if there is any kind of alleged mail fraud, inspectors from the postal service will be involved in the investigation.  These cases can become complicated quickly and a conviction could lead to a significant term of incarceration in a federal penitentiary, severe fines, forfeiture of assets, and other financial penalties.

Don't Wait To Hire An Experienced Criminal Lawyer

Note that all too often the first intimation that you are being investigated for a crime is when state and/or federal law enforcement, armed with search warrants, show up unannounced at your business or home. While this will almost certainly catch you off guard, you must remember that while you cannot resist a search with a warrant, you do have the right to call an attorney.  Warrants are typically limited in scope, so this does not give law enforcement carte blanche to search within the officer’s discretion. You also have the right to refuse to answer any questions law enforcement may ask you. You should firmly, but politely, decline to speak with any officials and immediately call my office.

As your criminal lawyer, I will first contact the agency in charge of the investigation to determine the exact nature of the inquiry, which will tell me how to proceed. Additionally, I understand that white collar crimes can be the result of an honest financial mistake, a poor business decision or agreement, or you could simply be falsely accused. I will investigate every detail, and comb through and analyze thousands of pages of financial documents along with interviewing witnesses. I know how to build strong cases with positive results and will work diligently to protect your freedom.