Electronically Stored Information (ESI) in Criminal Law Cases

Evidence Identification and Preservation involving Criminal Cases

When a defendant faces criminal charges, they reach out for every possible shred of evidence that may prove their innocence:

  • Due diligence should involve a thorough search for electronically stored information that may pertain to the case.

Protecting a Defendant's Rights

A defendant is innocent until proven guilty. Criminal cases place the burden of proof on the prosecution which usually requires (a) motive and (b) opportunity. Often a defendant is "placed at the scene" by circumstantial evidence, but ESI can often place a defendant "away" from the scene:

  • Geo-Tracking may place a person miles from the incident.
  • The defendant may have "checked in" at a different location.
  • Text messages may corroborate the defendant's testimony.

It is critical to locate evidence as soon as possible, and witnesses may need to be notified that must cooperate and retain the information stored on their digital devices.

Due Diligence Involves Locating, Identifying, and Preserving ESI

Digital evidence may be stored on a phone, on a tablet, a laptop computer, or a server owned by a defendant's employer. All these devices must be thoroughly considered as potential sources for ESI as critical evidence

Further Forensic Investigations: Electronically Stored Information

Despite the efforts of some to hide their personal activities in their private digital world, there are methods to find these secrets and reveal the truth.

Legal Evidence Corporation’s skilled and certified technicians are able to locate and extract deleted emails, text messages, and even documents in .pdf and .doc formats.

Work with the Experts

Legal Evidence Corporation is eminently qualified to search, locate, and preserve evidence related to criminal cases according to the accepted methods, assuring proper custodial care for use in court.

Legal Evidence Corporation has a long history assisting attorneys prepare their cases. We have vast resources including an archives of pleadings and motions for almost every conceivable situation involving court-related ESI.