Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

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

Computer Forensics and DNA – Where Police Fall Down – Denver Criminal Lawyers

On Behalf of | Nov 17, 2015 | Forensics |

While everyone in Colorado has seen CSI and NCIS, not everyone knows the value of Forensics to a criminal defense lawyer and his client. We recently defended a man charged with Unlawful Sexual Contact in Jefferson County. The police and sheriff’s department did a wholly inadequate job locating and preserving DNA evidence and Forensic Evidence. The responding sheriff deputy failed to visit the location of the alleged crime or talk with potential witnesses. Next, the detective assigned to the case failed to go to the scene, try and talk with witnesses or collect DNA evidence. We won that case after 20 minutes of jury deliberations.

In other cases, police don’t gather electronic devices which might lead to the acquittal of our clients because they feel they have enough evidence when an alleged victim tells her story. Over and over, defense lawyers in Arvada and Golden are winning cases when they point out obvious ways the prosecution has dropped the ball with Forensic and DNA evidence acquisition. Did you now that with Touch DNA, DNA cells can be transferred onto clothing or other items by simple touch? This makes clothing analysis for DNA highly relevant in every case. We are thankful that our juries are holding the government to a higher standard. Justice deserves this.

What is Forensic Evidence in Jefferson and Adams County?

Forensic Evidence in Adams and Jefferson County, Colorado, includes photographs, bodily fluids, computer files or fingerprints. Basic police work requires that officers and deputies do a complete investigation. I find that many of my trials are won because law enforcement is lazy and just wants to close the case after arresting our client. When that occurs, I remind the jury that police have an obligation to conduct a full and fair investigation of the facts and circumstances surrounding a crime. I remember a Sexual Assault trial a couple of years ago where police failed to take pictures of a crime scene, and by the time trial arrived the scene was changed. A camera was available. It was not my client’s job to take the crime scene pictures – but the homicide detective who handled the case. Plain and simple: he was lazy.

Douglas County and Arapahoe County Sheriffs and Police Departments

Computer forensics is a growing field where law enforcement uses specialized programs to recover deleted files off computer equipment. Did you know that hard drives, flash memory drives, compact flash cards and USB drives all retain a digital file after it has been deleted by the user? This evidence is no longer available to the Windows or Mac user, because it is removed from the operating system’s index. Yet, it is still there. Today, an expert witness in the field of computer forensics for the defense and for the prosecution, can have a thorough search done of these devices. This is especially helpful to criminal defense lawyers in child pornography cases, also known as Sexual Exploitation of a Child in Brighton and Greeley, Colorado.

Our law firm keeps current on what the government and private expert witness forensic examiners can do to prove their cases. Science can be either our friend or enemy. Usually, time is of the essence and we must move quickly before evidence is destroyed. For example, most video surveillance systems rerecord over video in one, two or four week cycles. Your criminal defense lawyer must move quickly when the police drop the ball – which is often. We make cases involving lazy cops result in your jury trial acquittal.

Never give police permission to search your electronic devices, enter your home or take your statement. They are not there asking for permission to help your side of the case. They want to convict you. Always call our Denver based defense lawyers at 303-731-0719, right away. Together, we can protect your future.