A Criminal Attorney Explains the Impact of Electronics on Your Freedom

As a criminal attorney, I represent people that have been accused of all sorts of crimes.  From DUIs to assaults and manslaughter charges, my experience as a criminal attorney is vast and far-reaching.  Over the years, one thing that has changed is not the type of crimes people are charged with but the sophistication of the evidence brought against them.  Remember, that if you are accused of a crime, the state has the burden of proof.  They must investigate and gather evidence in order to prove that you did indeed commit the crime.  If they can’t prove it, and you have a good defense attorney, there is a chance that you will remain free.  The type of evidence being presented has begun to change, and this can impact the outcome of the trial. 

Here’s how…

• Forensics.  The notion of forensic evidence has changed as science has advanced.  Where once, a detective may have dusted for prints, now even something small like a strand of hair can be tested for DNA and prove that a person was at the crime scene.  Forensic evidence is typically presented as fact and used by prosecutors to prove that someone was at the scene of the crime and more likely than not – committed it.  The challenge with forensics is that nothing is infallible, and there have been documented instances of lab technicians not testing the evidence properly, leading to wrong convictions.  As an attorney, we will work to ensure that any supposed evidence is tested the way it should be and that the findings are accurate.  At times, we may even need to hire our own expert in order to combat what we believe is incorrect evidence.  Simultaneously, just because your hair was at the scene doesn’t mean that you were.  Having an alibi and witnesses is still important.
• Cameras.  Have you ever noticed how cameras are popping up all over the city?  Wherever you go in the country, cameras have been popping up on light posts, utility poles, buildings, etc.  If you have ever gotten a surprise red light ticket, you know what I’m talking about.  The challenge with these cameras is that they are always taking pictures, and these images can be used as evidence against you.  Depending on where you were driving, your car could be captured on film, and your location pinpointed within seconds.  If you weren’t driving the car, this could create a challenge where it may appear that you were in an area when you actually weren’t.  
• Videos.  Similar to the hidden cameras, video cameras are everywhere and constantly taking video footage.  You can’t walk into a grocery store or gas station without being monitored.  You should basically anticipate that your activities will be caught on video.  This makes it important to tell me exactly what happened so that I can be prepared to build a defense using the facts because videos can be incredibly compelling. 

As a criminal attorney, my job is to ensure that the “evidence” available in the digital era is not used to convict you of a crime that you didn’t commit. Even if your involvement is questionable, remember that we need to provide context to the digital information in an attempt to create reasonable doubt that it either wasn’t you or that your involvement was not as it appears. If you have been charged with a crime, call my office quickly so that we can begin building a strong defense.