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Digital evidence and white-collar crime defense

Digital evidence and white-collar crime defense

If someone steals a car, it is a crime, and if Missouri police have probable cause regarding a specific individual or group of people, they can make an arrest. This might lead to theft charges.  Intellectual property, identity theft, fraud and many other issues comprise a different category of criminal law known as white-collar crime. Such crimes typically do not involve violence and are committed for personal financial gain.

There are numerous defense strategies that may be relevant in a white-collar crime case. For example, some types of insider trading are legal, so charges related to this crime do not necessarily mean a conviction will be handed down in court. In the modern world, these types of cases almost always involve digital evidence. Prosecutors can use such evidence to bolster a case. However, a defense attorney can also sometimes use digital evidence to a client’s advantage.

How digital evidence relates to white-collar crime

Digital evidence regarding white-collar crime investigations comes in many forms. The following list shows several examples:

  • Text messaging
  • Information in a cell phone’s autocorrect system
  • Emails
  • Computer files
  • Social media posts
  • Online banking information

Investigators who are trying to prove a white-collar crime case in court may scrutinize these and many other types of digital evidence. If you face accusations for such crimes, it’s critical to understand your rights, especially regarding intellectual property and digital evidence.

Forensics accountants and others who are specially trained can help build a defense

By gathering, analyzing and saving electronic data, a defense team can often help accused individuals mitigate their circumstances. In fact, in many cases, digital evidence can prove innocence. For example, data from a GPS device, camera or smartphone may help establish an alibi by proving location at a specific time.

An experienced defense attorney may also be able to use specific digital data to poke holes in the prosecution’s case. An example of this would be demonstrating that someone took text messages or other correspondence by a person standing trial for a white-collar crime out of context. Out of context, it may appear that the individual in question was participating or planning illegal activity. Using digital data to show proper context may debunk the allegations.

It’s best not to try to resolve white-collar crime accusations on your own

Penalties for white-collar crime in Missouri are severe. While it’s a good idea to be proactive in building a strong defense, it might not be such a good idea to try to handle your case on your own. Such issues can be quite complex, and navigating the criminal justice system can be challenging. This is why it’s best to secure experienced guidance and support before heading to court.