Fort Lauderdale Criminal Attorney Blog
In today’s digital age, technology plays a significant role in legal proceedings, including domestic violence cases. Digital forensics is the process of uncovering and interpreting electronic data. It’s become crucial to evidence-gathering in Florida criminal cases. 
As a Fort Lauderdale domestic violence lawyers, we recognize it’s important for defendants to recognize how digital forensics can impact their case. We also know DV cases in particular tend to deal with a lot of sensitive information. Florida sunshine laws mean that your case is a matter of public record. That said, we’re diligent in helping clients protect their privacy in these matters as much as possible.
The Role of Digital Forensics in Domestic Violence Cases
Digital forensics is the fancy term we use to describe collecting, preserving, analyzing and presenting digital evidence from varying electronic devices and online platforms. In domestic violence cases, this evidence may include:
- Text messages and emails (communications scrutinized for evidence of harassment, abusive language or threats).
- Social media posts (comments, posts, photos, messages that may provide insight into relationship dynamics or provide proof of alleged instances of abuse or threats).
- Phone records and call logs (establish patterns of communication and corroborate or refute claims made by either party).
- GPS data (location to verify a person’s location, presence/absence at certain places and times, etc.).
- Audio and video recordings (capture alleged incidents or alleged abuse or interactions between parties).
Courts can subpoena this information, of course, but you don’t have to make it easy for prosecutors to build a case against you. Do your best to secure your devices and accounts with strong passwords. Regularly update your privacy settings. Backup sensitive data and use encrypted communication channels. Your communications could still end up in court, but these measures could potentially lessen that likelihood.
When Digital Evidence is Used Against You in a Broward DV Case
Digital evidence is used all the time now in criminal courts, and Broward County domestic violence cases are no different.
This type of evidence can be really powerful. It can be used as direct evidence (a text message of a typed threat). It can also be used as circumstantial evidence (a picture of you holding a gun, which the alleged victim might say proved that you had the means to do violence, bolstering their argument that the fear they had for you was credible).
But as defense lawyers, we’re sometimes must remind the court that because electronic communications differ somewhat from traditional methods, there is ample opportunity to take things out of contest or misinterpret. For example, a seemingly innocent message or emoji could be construed as threatening in certain situations.
We often urge our clients to refrain from being too active on social media while the case is pending. There is just too much risk that something minor could be misinterpreted or taken out of context.
Also, steer clear of conversations about your case while it’s pending, especially if those conversations are happening on a phone or in messaging platforms. You may think these are private messages, but they have the potential to be subpoenaed and used against you.
If you have questions, contact an experienced Broward criminal defense lawyer today.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
The Government Can’t Retain Seized Digital Devices and Data Indefinitely Without Justification, Oct. 27, 2024, ACLU
More Blog Entries:
Fort Lauderdale Criminal Defense Lawyer Warns of Push Notifications Used in Police Investigations, April 12, 2024, Fort Lauderdale Domestic Violence Lawyer Blog
