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.