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4 Things To Know About Technology And Delaware Domestic Violence Charges

CrimLaw15

On any given day, you probably interact with multiple devices, electronics, and telecommunications networks for both personal and professional reasons. Statistics indicate that a whopping 97 percent of Americans have cell phones, and roughly 75 percent possess a desktop or laptop. Plus, around half have a notebook or tablet. Though some activities are more common among certain groups, people of all ages and walks of life use these devices to access the internet and stay connected to their communities.

However, the technology you use at home, in your car, or in your back pocket can come back to haunt you in connection with domestic violence allegations. The devices you rely on can tell a story that you meant to keep private, and the information could be used in court against you. It is critical to trust a Wilmington domestic violence attorney to protect your rights, but keep in mind a few points about technology in these cases. 

  1. Online activities are akin to witness testimony. You may take extra precautions and implement high security settings for your internet profiles, but these measures are usually not sufficient to guarantee protection over what you post. Plus, Facebook, Instagram, Twitter, and other social media companies are often willing to cooperate with official investigations. They may not even require a search warrant to give authorities access to:
  • Photos and videos you post;
  • Your interactions with other users;
  • Tags and check-in’s that prove your activities and location;
  • Your employment status and living arrangements. 
  1. Your cell phone records create a paper trail. Almost any incoming or outgoing activity related to your cell phone could be used against you, including texts, calls, chats, and emails. When the recipient is the person accusing you of domestic violence, any of this information may be introduced as evidence – and you can be sure that person will bring it to the attention of the court. In a proceeding involving an order of protection, these details may be presented without your knowledge and opportunity to contest the allegations. You are not entitled to notice of domestic violence allegations in an emergency case.
  1. Technology can play multiple roles – at times in your favor. Your online interactions and use of electronics may also support your case, potentially providing you with a defense or other strategy for contesting the accuser’s claims. For instance, the evidence may:
  • Show that your accuser provoked violence;
  • Contradict the alleged victim’s version of events;
  • Place you at a location other than the scene;
  • Provide you with an alibi; or
  • Identify other witnesses who can cast doubt on the accuser’s credibility. 
  1. Retaining a skilled Delaware domestic violence lawyer is critical for defending allegations. 

When you are already under intense scrutiny in connection with domestic violence charges, mistakes with technology can harm your interests. You reduce the potential for additional errors when you have experienced representation, so please call 302.600.1262 or go online to reach Attorney Michael W. Modica. We can set up a consultation at our Wilmington, DE offices to review your situation.

Resource:

pewresearch.org/internet/fact-sheet/mobile/

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