Contact Us

Case Evaluation
close

    How Digital Communication Is Used as Evidence in Enticement Cases

    How Digital Communication Is Used as Evidence in Enticement Cases

    By definition, Enticing a Minor as outlined in Connecticut General Statutes (C.G.S.) §53a-90a requires the use of a computer connected to the internet or to a roughly equivalent network. Accordingly, digital communications play a significant role in every criminal case involving this offense in the Nutmeg State, often in ways defendants are not fully prepared for. Here is a brief overview of what you can generally expect courts to do with your digital footprint, and how our team can help manage the impact of this evidence on your case.

    What Kinds of Electronic Communications Could Be Admissible in Court?

    In criminal prosecution, no type of evidence is inherently inadmissible so long as prosecutors follow proper procedures in uncovering, storing, and disclosing it. With that in mind, any message sent through any network system using any type of communications device could possibly be used as evidence during an Enticing a Minor case, including but not limited to:

    • Text messages sent between cell phones and/or smart phones;
    • Email messages;
    • Posts on Internet forums or sent through a website’s private message functions;
    • Messages sent through social applications like WhatsApp or Snapchat; and
    • Social media posts, including messages sent through a private messaging function.

    Put simply, if you write something in text and send that text electronically to another person by any means, it could potentially come up in court later as valid evidence against you—or alternatively, as one of our attorneys can further explain, it could serve as evidence supporting your side of the story.

    Forensic Recovery of Messages Pertaining to the Enticement of a Minor

    Some people say “The Internet is forever,” and that statement is a lot truer than many other people realize. Even if you delete a message sent over the internet to someone using a different networked machine, that message may still be accessible on their end and/or readable by administrators and moderators of the site or platform you used to send the message.

    Furthermore, even if all those parties were to delete that message as well, digital forensic scientists can often recover the relevant data in a readable format if it has not been overwritten by other data in the meantime. And even in that scenario, there may be signs left over of what the original message pertained to, which could be used against you in court.

    Put simply again, if you send a message to someone else online, it will continue to exist somewhere in some form more or less indefinitely, which is something you will need to consider when building a defense against Enticing a Minor charges.

    Your Digital Trail Matters, Get Skilled Guidance Early

    Digital evidence in Enticing a Minor cases is rarely simple, and once a message is sent, it can be preserved, recovered, or reconstructed in ways most people don’t expect. Because your electronic communications may be used to build, or challenge, the prosecution’s case, it’s vital to work with a defense team that understands how courts handle online data and how to protect your rights. An attorney can assess the scope of your digital footprint and develop a strategy tailored to the evidence in play.

    Call today for support from the team at Mark Sherman Law and click here to read some of the 300+ verified reviews left by past clients on our Avvo.com profile.