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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Cell Phone Record Subpoena – Colorado Criminal Cases

On Behalf of | Apr 27, 2015 | Subpoena |

Every day, citizens in Denver and Arapahoe County are arrested for crimes involving the use of a cell phone. Whether it is by texting, chatting, phone calls or internet downloads, several crimes occur by the use of portable devices. With the increasing popularity of tablets, we are also seeing their involvement. Examples of crimes include Enticement of a Child, Internet Luring and the most popular Sexual Exploitation of a Child (sexting). Our full-time criminal defense attorneys provide defense to the accused in Aurora, Golden and Broomfield, Colorado, with these increasingly technical cell phone and tablet criminal offenses. One tool we commonly employ to acquire evidence is our Subpoena power.

A Subpoena is a Good Way to Obtain Evidence from Cell Phones

Much like computers, cell phones cache data and store files in flash memory. Once files are deleted or cleared from memory, they remain on the storage media until overwritten. Police are aware of this and so are defense attorneys. The result? Everyone in a criminal case considers whether data might be available to analyze for the prosecution or the defense of people arrested for crimes in Douglas and Jefferson County. We will issue subpoenas to companies like Sprint and Verizon, and so will the police. As data is quickly deleted and overwritten, there is a race to preserve evidence of what really occurred.

Cell Data is Quickly Erased

In the real world, there are limitations to issuing a subpoena duces tecum for cell phone records in Adams and Broomfield County. Most telephone companies do not retain text-content records for more than a few days. We can still get records of a text occurring and the time it occurred, but the content of the text is quickly lost. Cell call records are generally easy to come by and are long-lasting. For the most text detail, police will seize and confiscate cell phones from both the sending party and the recipient. This is the most promising way to see what really occurred. Next, forensic experts will extract / download data and perform an analysis of the phone’s memory content. We hire forensic experts to analyze the data. We never rely on the police or their reports. Unfortunately, not all police departments are equally qualified to extract cell data and perform a competent analysis.

Sexting is Commonly Seen by Colorado Lawyers

Many times, a cell phone crime involves sexting, where kids under 18 will send nude pictures of themselves to others. We have even defended teens who received an image unsolicited, and were charged with sexual exploitation in Castle Rock. The content of the image is important, since not all child nudity is a sexual offense. If it is some sexualized image, we have many other tools at our disposal to challenge the underlying facts of the police investigation. Again, documenting what pictures or data is on the phone is very important.

Forensic analysis can only be done after a subpoena duces tecum has been issued and the information preserved. In this highly technical world, you need a lawyer who understands electronic evidence, along with its limitations. Our lawyers are some of the best in Colorado and have the experience to defend you no matter what the charge. If you or a friend has been arrested, exercise your right to remain silent and then contact our criminal defense attorneys at 303-731-0719. Together, we can protect your future.