Litigation Support Consulting
When someone is arrested, facing criminal charges, or involved in a criminal investigation, cell phones, computers, and laptops are often seized as evidence by police officers and investigators. These pieces of technology can be a valuable source of information as they can contain location data, text messages, and other forms of communications and information.
However, collecting this data can be challenging to gather and review. Oftentimes an attorney works to sift through this material, but they may not have the resources or expertise to do so in such a highly technical field as digital forensics. Attorneys may also be unaware of the electronic discovery opportunities and may not fully utilize the potential of digital evidence to impact evidence in a case.
The services we provide to investigators and attorneys include:
- Initial Assessment: Review of charging documents and case details, review of digital discovery reports and other documents such as findings and data set(s) provided by the State/Government, and provide an initial assessment to legal counsel.
- Most of these documents will have been provided in the discovery process or if an attorney asks for a discovery request in pretrial. In discovery procedures, materials from the prosecution’s case that may be used at trial.— including exculpatory evidence — will be disclosed.
- Upon completion of an initial assessment, our examiners will confer with the attorney and the client to provide guidance regarding the strength or weakness of digital evidence, potential sources of additional evidence that could help in the defendant’s case, and most importantly, help all parties understand the nature of the digital evidence being used in a case. We will also outline a scope and budget for any additional work that may be recommended.
- Analysis/Examination/Report: Once the client’s goals are identified, we will conduct additional investigation and analysis, using case-specific and in-depth customized tasking criteria and objectives, or conduct independent onsite review or collection of digital evidence stored by State/Government Digital Forensic Examiners (if needed) (may require additional budget/hours).
- Includes a timeline development of relevant information with the discoverable materials, a detailed expert report of exam/analysis findings to counsel, production of relevant evidence/artifacts to counsel in an easy-to-review and understandable format, and a consultation with counsel regarding findings.
- Assistance with preparation of demonstrative trial exhibits and presentation of digital/physical evidence in court.
- Assessment of documents set for relevancy, privilege, and confidentiality to accelerate the review process.
Electronic Discovery in the Criminal Justice System
Discovery, or the formal process of exchanging information between the prosecution and the defense about witnesses and evidence that may bepresented at trial, is critical for a criminal defense lawyer in order to make the decision on how to best argue their side of the case in court.
In this case, digital evidence has to follow the rules of admissibility/discovery rules to be considered in court – and it should also be authentic, accurate, complete, and convincing to the jury.
Discovery in criminal cases is typical, yet it is becoming increasingly challenging to identify, secure, and examine all important sources of information. As a result, conducting a thorough, robust electronic discovery analysis calls for substantial expertise in digital forensics—and similar knowledge is needed to ensure attorneys understand this evidence in order to fully leverage the potential impact of electronic evidence.
So much information (data) in the world is created and stored digitally, and much of it exists ONLY in digital form. When that data becomes important to prove or disprove facts in controversy in a new trial, an investigation, or other situation, that data becomes ‘digital evidence’ – and it needs to be collected, preserved, evaluated, and handled properly by trained professionals.
Digital evidence can play a critical role in criminal defense cases, but the gap that exists between law firms, and the complicated nature of this type of evidence can be challenging to navigate.
What We Do – Expert Witness
As experts in digital forensics, we can act as partners to advise on how to leverage digital evidence in a case. We understand the discovery process and know how to effectively collect and analyze data from computers and cell phones.
This knowledge can be invaluable to a criminal defense attorney who may not be familiar with all the ins and outs of digital evidence. By working together, we can help ensure that no stone is left unturned in the search for the truth.
We have the experience and knowledge to collect data forensically and leverage it into valuable, actionable evidence for investigators and defense attorneys. We review electronic evidence provided by the state or government, which is provided to the defense attorney in discovery.
We have extremely involved processes requiring a meticulous eye for detail and a clear understanding of what data is relevant to the defense counsel. Our forensic examiners routinely advise and conference with attorneys, and our examiners have testified as expert witnesses in state and federal courts. Additionally, we have authored numerous written declarations and affidavits, participated in hundreds of depositions, and provided expert guidance to counsel in crafting legal motions, court orders, and strategies.
To provide clients with an unparalleled level of service, we have subject matter experts and professionals that can perform an array of analyses and investigations. If you, a client, or your counsel need support with active litigation or specific consulting to electronic evidence, our experts are ready to go to work for you.
Let Us Help You
We can help you find the data to present your case.
We know how critical digital evidence is, and we have skills beyond just analyzing computer files—our experts are former law enforcement officers with court-recognized expertise in forensics who understand its importance in trial proceedings.
Feel free to contact us with questions or to discuss your options for our litigation support counseling services.