Your Cell Phone Could be the Worst Evidence Against You
If you are accused of a crime (that maybe you did, in fact, commit), you may feel comfortable that no one else knows about it, or that anyone who does know about it wouldn’t rat you out. However, witness statements are only one component of criminal investigations, and the worst evidence against you might be sitting in your purse or back pocket.
Your own cell phone can work against you in a number of ways. Whether you deleted them or not, incoming and outgoing messages—either texts or through social media—could reveal communications you’d rather not see in your discovery. It could be planning an alleged crime (deciding when and where to meet), talking about it (or Googling it) after the fact, or even the crime itself (like texting an ex in violation of a restraining order). And even if you never said anything concerning on your phone, know that when you use certain apps or have your location services on, your phone records could also put you at or near the scene of an offense, regardless of where you claimed to be at the time. At the end of the day, just be mindful of that fact that anything you do on or with your phone could one day be aired out in a courtroom.
Of course, a skilled criminal defense attorney can and will still develop a plan to exclude as much of that evidence as possible. They could file a motion to suppress that evidence altogether if it was obtained unlawfully or argue that it shouldn’t be admitted if it is unreliable or untrustworthy. And if an experienced criminal defense attorney is asking you what investigators might find on your phone, it’s not to judge you; it’s simply to determine what we may be up against.
One important thing to remember, however, is that you should not help the people investigating you build their case. So, if law enforcement asks for your consent to look at your phone, it is probably a better idea to politely decline unless they have a valid search warrant. Then you should use that phone to call a qualified, locally experienced criminal defense firm that can walk you through what to do next.
If you or a loved one is facing criminal charges and wants to learn more about your options moving forward, give us a call at (619) 295-3555 to set up your case evaluation today.
The contents of this article and blog are for meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Author Bio
David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.
Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.
His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.
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