Dealing with an assault charge can come with all types of implications. As you face the possibility of jail time, it's important to have a defense ready that can help your case move forward and create the best chances of getting the charges lowered or dropped. In today's age, the technology that you use can play a big role in the evidence used for a case. A criminal law attorney can help you sort through the evidence and give you the best defense possible. There are three different ways that technology can impact an assault charge. By consulting with a criminal law attorney, you can have the evidence suppressed if it negatively impacts your case.
Social Media Posts
Depending on when and where the alleged assault occurred, social media posts can be used to showcase various pieces of evidence. When social media posts are made public or shared through friends, these posts can easily be used as evidence in an assault case. The posts may relate to witnesses that have seen the assault or personal reactions from you or victims of the assault. For example, pictures of bruises and injuries that allegedly occurred because of the assault may be posted. An attorney can look at the posts and perform research to prove if they are legitimately from the incident. Showcasing false image claims can help question the integrity of the case and the person that has charged you.
As your case moves forward, it's also important to be aware of the posts that you placed on social media. When negative posts come your way, it's important to avoid responding and stay clear of posting all together. If you have posted on your account, then a lawyer can help you suppress this evidence. For example, a lawyer may say that the posts were made under distress and anxiety after you were initially arrested. Your emotional state can have a big difference on the context of the post and the way it is used as evidence.
Phone Technology
When 68% of Americans own smartphones, it's easy to assume that these phones will be used as some type of evidence within an assault case. Text messages and other cell phone contact are two huge factors when considering how the technology is used with your case. Even if you do not give your phone as evidence in a case, the other person receiving messages can use that contact against you. This includes any text messages used in relation to the assault incident. For example, text messages may discuss the incident, the aftermath, or any threats that were made between parties. A criminal attorney can help defend various text messages and call logs within your case. They help cast doubt on who sent the text messages and use other text messages or pieces of evidence to help showcase this doubt.
If you have text messages that you want to use in court, then it's important to preserve them for evidence. For example, a person may contact you bragging about the case or exaggerating their injuries. An attorney can help you print out text messages. Instead of displaying the nickname of the contact, it's important to showcase the number it came from. It's also a good idea to showcase full conversations between you and the other person. This can help show context for the texts and really present the evidence as it happened.
Surveillance Footage & Citizen Videos
It only takes a few seconds for a person to pull out a phone and start recording footage. When dealing with an assault charge, video footage is often one of the most compelling pieces of evidence. The footage can showcase how the alleged assault occurred and sometimes angles can skew the way the footage looks. If the footage is cut short or at a bad angle, then a criminal attorney can help suppress this footage for use in court. They can also help explain different angles and perspectives that may not have been captured properly. For example, if you're reaching your arms to defend yourself or block a blow, a specific angle of this footage may make it look like you are trying to punch or push someone instead.
Along with citizen videos, surveillance footage may be used in your case. This footage often offers a bird's eye view of the incident. By obtaining this footage, you can showcase the inciting incident and often have a clear view of what happened. The one thing missing from this footage is typically the audio. Instead of just having a cell phone video that doesn't tell the whole story, surveillance footage can really help your case and showcase everything that happened before and after the alleged assault.
Contact a defense attorney from a firm like Mesenbourg & Sarratori Law Offices to help sort out how the various types of technology can impact your court case. Being prepared can go a long way in getting through your case on a positive note.
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