In the modern legal landscape, the traditional image of a smoking gun has been replaced by something much more common: the smartphone in your pocket. Today, it is nearly impossible to move through a typical day without leaving a massive digital trail. From the GPS coordinates tracked by your fitness app to the timestamped messages sent over encrypted platforms, technology has become the primary witness in almost every criminal investigation we see at The Law Offices of Joseph Lesniak, LLC.
As technology evolves, so do the tactics used by law enforcement in Delaware County, Chester County, and across the Commonwealth. Whether you are facing charges related to a DUI, a domestic dispute, or complex computer crimes, digital evidence will likely play a central role in your case. That said, just because a piece of evidence is digital does not mean it is infallible. We have spent years navigating the intersection of technology and the law, and we know that digital proof is often far more complex than the prosecution wants you to believe.
The Expanding Scope of Digital Evidence in Pennsylvania
When people think of digital evidence, they often think of text messages or emails. While these are common, the scope of electronic data used in Pennsylvania courts is much broader. We frequently see prosecutors introduce a wide variety of data points, including:
- Location Data and Geofencing: Law enforcement can use cell tower triangulation, Wi-Fi connections, and GPS data to place a person at a specific location at a specific time. In some cases, they use geofence warrants to identify every device that was within a certain radius of a crime scene.
- Social Media Activity: Platforms like Facebook, Instagram, and X (formerly Twitter) are gold mines for investigators. Even if a post is deleted or set to private, law enforcement can often recover the data through subpoenas or search warrants.
- Wearable Technology and Smart Devices: Data from Apple Watches, Fitbits, and even smart home devices like Amazon Alexa or Ring doorbells can be used to establish timelines, physical activity levels, or even audio recordings of a specific event.
- Metadata and Hidden Timestamps: Every digital file contains metadata, which is essentially data about data. This includes information on when a photo was taken, what device was used, and whether the file was altered at a later date.
At The Law Offices of Joseph Lesniak, LLC, we recognize that this data is often the backbone of the prosecution's case. Nevertheless, we also know that digital evidence is only as reliable as the methods used to collect and interpret it. Our team works tirelessly to ensure that any electronic evidence used against our clients is subjected to the highest level of scrutiny.
How the Prosecution Uses Your Digital Life Against You
In Pennsylvania, the prosecution uses digital evidence to build a narrative. They are not just looking for a confession; they are looking for digital footprints that corroborate their version of events. For example, in a DUI case, they might look at your text messages to see if you mentioned how much you drank. In a case involving Internet Crimes Against Children (ICAC) or online exploitation, they will look at search histories and file sharing logs.
Because our founding attorney, Joseph Lesniak, served as a Chief Prosecutor of the Special Victims and Domestic Violence Division, we understand exactly how the Commonwealth builds these cases. We know the software they use to "dump" cell phones and the shortcuts they sometimes take when interpreting complex data sets. The prosecution often presents digital evidence as an absolute truth, but we know that a timestamp on a message does not always tell the whole story.
For example, who was actually holding the phone when that message was sent? Was the device hacked or accessed by someone else? Was the location data accurate, or was it bouncing off a distant cell tower due to heavy network traffic? These are the types of questions we ask to protect our clients.
The Fourth Amendment and Digital Privacy
The most powerful tool we have in challenging digital evidence is the United States Constitution, specifically the Fourth Amendment. This amendment protects citizens against unreasonable searches and seizures. In the landmark case of Riley v. California, the Supreme Court ruled that police generally must obtain a warrant before searching a cell phone seized during an arrest.
In Pennsylvania, the privacy protections are even more robust under Article I, Section 8 of the Pennsylvania Constitution. We have successfully argued in many cases that law enforcement exceeded the scope of their warrants. A warrant to search a phone for evidence of a specific theft does not give the police the authority to look through every private photo or medical app on your device.
If the police searched your computer, tablet, or phone without a valid warrant, or if the warrant was based on faulty information, we can file a Motion to Suppress. If the judge agrees that the search was illegal, the evidence cannot be used against you in court. This exclusionary rule is often the difference between a conviction and a case being dismissed.
Challenging the Authentication of Digital Evidence
Even if the evidence was collected legally, the prosecution must still prove that it is authentic. Under Pennsylvania Rule of Evidence 901, the person offering the evidence must produce enough information to support a finding that the item is what the proponent claims it to be.
This is particularly difficult with digital evidence because it is so easy to manipulate. A screenshot of a text message is not a text message; it is a digital image that could have been edited or fabricated. We challenge the prosecution to prove the chain of custody for every digital file. We want to know:
- Who handled the device from the moment it was seized?
- Was the data extracted using certified forensic software?
- Can the prosecution prove that the file was not altered, intentionally or accidentally, during the extraction process?
If there is a gap in the chain of custody or if the forensic methods were outdated, the reliability of that evidence is compromised. We often work with digital forensic experts to conduct our own independent analysis of the data, ensuring that our clients are not being judged based on glitchy or tampered evidence.
The Complexity of Computer Crimes and Online Exploitation
Some of the most serious cases we handle involve Computer Crimes and allegations of online exploitation. These cases often involve massive amounts of data and complex technical jargon like IP addresses, MAC addresses, and peer-to-peer networking.
It is easy for a jury to become overwhelmed by technical terms. The prosecution often uses this confusion to make it seem like the digital trail leads directly to the defendant. But we know that an IP address identifies a location or a router, not necessarily a person. In a crowded apartment complex or a home with an unsecured Wi-Fi network, anyone could have been using that connection.
We are dedicated to humanizing our clients and cutting through the technical noise. We investigate whether there were other users on the network, whether the device was infected with malware, or if the digital evidence was actually the result of automated software rather than human intent. Our experience in Criminal Use of a Communication Facility cases allows us to identify the weaknesses in the government's technical arguments.
Why Your Choice of Attorney Matters in a Tech-Driven Case
Not every criminal defense attorney is equipped to handle the nuances of digital evidence. To fight these charges effectively, your lawyer must understand both the law and the technology. At The Law Offices of Joseph Lesniak, LLC, we pride ourselves on staying at the forefront of these legal developments.
We do not just look at the police report; we look at the source code. We do not just accept the extracted data; we look for the deleted files and the system logs that might tell a different story. Our proactive approach allows us to stay one step ahead of the prosecution. Because we have seen these cases from both sides of the courtroom, we can often anticipate the Commonwealth's next move before they even make it.
We understand that being accused of a crime is a terrifying experience, especially when the evidence involves your private digital life. Your photos, your messages, and your search history are deeply personal. We treat every case with the discretion and respect it deserves, while fighting aggressively to ensure your privacy rights are not trampled by overzealous investigators.
Protecting Your Future in a Digital World
A criminal conviction in Pennsylvania can follow you for the rest of your life, affecting your employment, your reputation, and your freedom. When that conviction is based on digital evidence, the stakes are even higher because that proof can be misinterpreted so easily.
If you are under investigation or have already been charged, the time to act is now. Do not wait for the police to finish their forensic review. By the time they are done, they have already built their narrative. You need a legal team that can begin building your defense immediately, challenging the warrants, questioning the forensics, and protecting your constitutional rights.
We serve clients throughout Southeastern Pennsylvania, including Media, West Chester, and Norristown. We are trial-ready, tech-savvy, and committed to achieving the best possible outcome for every person we represent. Whether your case involves a complex computer crime or a DUI with incriminating text messages, we have the skills and the experience to help you navigate this legal storm.
Contact The Law Offices of Joseph Lesniak, LLC Today for a Consultation About Your Case
If you or a loved one are facing criminal charges involving digital evidence, you cannot afford to leave your defense to chance. Technology is a powerful tool for the prosecution, but it can also be a powerful tool for your defense when handled by an experienced legal team.
At The Law Offices of Joseph Lesniak, LLC, we offer a free initial consultation to discuss the specifics of your situation and how we can help you fight back. We are available 24/7 to provide the guidance and advocacy you need. Call us today or fill out our online contact form to schedule your consultation. Let us put our knowledge and prosecutor-honed experience to work for you.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
