Is Your Phone Helping the Prosecution? How Digital Evidence Is Used in Arizona Criminal Cases
Many people don’t realize that advances in technology also mean an increase in ways that law enforcement can track, monitor, and gather evidence against you. Whether it’s cell phone records, text messages, DMs, or social media posts, any evidence they find can be used to build a case against you. If you are being charged with any type of crime, lawyer up as quickly as possible. Janet Altschuler is an experienced criminal defense attorney in Tucson, AZ. She can help you understand the charges, review the evidence, and prepare a defense. Here is a closer look at how digital evidence can be used against you in your Arizona criminal case.
What is Digital Evidence?
Digital evidence is any information that is stored or transmitted electronically and then later used in court. This includes (but is not limited to):
- Emails
- Text messages
- Cell phone call logs
- Phone records
- Social media posts
- Direct messages, instant messages, or private messages on social media, blogs, forums, online communication tools, and more
- Internet searches or browser history
- Information on hard drives, phones, discs, removable drives, or other storage devices
- Multimedia files (photos and videos), folders, and data
- Surveillance or security camera videos
- Database records
- Computer or software log files
- Electronic entry records or door access records
- Electronic archives or backups
- Temporary files or caches
- Metadata and residual data
If you don’t fully understand what some of these types of electronic records are, that is an even greater warning sign that you should speak with an attorney if you have been charged with a crime.
How and Why Prosecutors and Law Enforcement Gather Evidence
Prosecutors and law enforcement officers work with experts in digital forensics. These specialists use complex, robust tools and techniques to uncover and seize electronic records. They may search, seize, or access:
- Computers, laptops, notebooks, tablets, cell phones, and other mobile devices
- Remote and removable storage devices, like hard drives, discs, and CDs
- Internet of Things devices (security cameras, smart home devices, etc.)
- Cloud storage systems and associated data
- Computerized systems, software, databases, and associated logs and records
- Website and mobile app data and information, including account information and passwords, login records, location information, posts, private messages, logs, and more
These experts use a variety of complex methods to obtain and analyze evidence. If you don’t understand these methods, it is virtually impossible for you to completely erase your data or prevent law enforcement from accessing it. Some of the techniques used to analyze this evidence include:
- Reverse steganography
- Stochastic forensics
- Cross-drive analysis
- Live analysis
- Deleted file recovery
- Digital forensics tools like disk and data capture; file viewing; network and database forensics; and file, registry, web, email and mobile device analysis software
What Evidence is Used For
The evidence collected can be used against you in your criminal case. Even information or data that you think is innocent may prove to be useful to the prosecution. Trying to hide, delete, or cover up these records may even be seen as evidence of guilt. The evidence collected has far-reaching implications, and can:
- Prove your whereabouts at the time a crime was committed
- Disprove an alibi
- Support motive or opportunity to commit a crime
- Help the prosecution fill in the details of a crime
- Provide the judge or jury with information about your character and lifestyle
- Confirm a relationship between you and a victim
- Paint you as a flight risk or danger to society
- Uncover prior research or knowledge of an element of the crime
Safeguarding Yourself from Creating a Digital Trail
The best way to protect yourself from inadvertently providing the prosecution with the evidence they need is to work with an attorney. An experienced criminal defense attorney can help you design a defense strategy that proactively or preventatively anticipates the prosecution’s strategies. Some techniques they may recommend are:
- Completely deleting social media accounts and other online accounts
- Making social media accounts private
- Using two-factor authentication on all accounts
- Avoiding the use of social media, mobile phones, mobile phone apps, computers, and other electronic devices pending the outcome of your case
If you have been Googling, “criminal attorney near me” because you are facing criminal charges, Janet Altschuler can help. With over 20 years of criminal experience, she began her career as a prosecutor and has unique insight into how they think and gather evidence. She will work closely with you to protect your rights and prepare an aggressive defense against your charges. Call now or contact us online to schedule a free initial consultation to discuss the details of your case.