Unlike criminal investigations that may involve a violent nature or correlated physical evidence, many white-collar cases such as embezzlement and fraud are mishandled. Now with police under a microscope, many individuals and business professionals who’ve been accused of a crime or questioning whether the place properly handled their case. The question of how please conduct an investigation and the concerns that arise regarding mishandling are often swept under the rug.
White-collar accusations often include crimes such as fraud, embezzlement, Identity theft, insider trading, money laundering, and similar issues. The trouble is that the nature of these accusations make it difficult and sometimes impossible to prove that any crime actually took place. That certainly doesn’t stop officers from conducting thorough and often botched investigations or the state from pushing forward with little evidence. Contact our Connecticut criminal lawyers today.
Often Underreviewed – White Collar Investigations
The Rand Corporation identified that there are a few key findings in particular with digital evidence that posed problems for the accused and for investigators. Of the people surveyed, a law enforcement Personnel agreed unanimously that the size of evidence collected and analyzed was considerable, and support for funding and staffing were severely low. Additionally, law enforcement, as well as courtroom participants, noted that prosecutors often did not understand the elements present in different types of digital evidence. Finally, defense attorneys seem to be far behind in understanding and analyzing digital evidence.
To get to the meat of these findings, the state simply doesn’t have the manpower to properly analyze the wealth of potential evidence often found in cases that involve digital evidence. Considering that almost all fraud now has some digital aspect, these issues should be an expected downfall in every fraud-related investigation.
To bring an additional worry to someone facing fraud allegations, state defense attorneys seem exceptionally disconnected in understanding what role digital evidence could play in the case.
Was Your Investigation Handled Properly?
The United States Department of Justice provided a guide for electronic crime scene investigation, which was made available to all First Responders in 2001. Even back in 2001, it was acknowledged that the internet and various electronic systems could play a role in committing, enabling, or supporting crime.
In the guide it cited that the key issues that First Responders would face included investigating an electronic crime scene, examining digital evidence, and presenting that evidence in a courtroom. In regard to electronic evidence, this particular guide hit home on two challenges that are still present today.
First, that electronic evidence is fragile. It is easily altered, easily damaged, and easily destroyed. Second is that electronic evidence is often time-sensitive and that delays in an investigation or in proceeding with the court case can drastically degrade the quality of evidence. These two issues often push officers to move forward quickly, and in that, they forget or overlook the sensitivity of the evidence leading to damage and or unintended alterations.
Were Your Rights Violated?
In the United States, people accused of a crime has the right to not only a fair trial but also due process. That means that they have the right to expect that law enforcement would handle suspicion and an investigation properly before imprisoning a person or seizing property. However, we often see the sixth amendment disregarded when it comes to criminal investigations.
When speaking with a criminal defense attorney, you’ll want to close in on questions such as, “Was there a substantial reasonable belief that existed prior to a search or seizure?” Or, “At what point were you placed under arrest?”
Getting Support Now from Aeton Partners a 24 Hour Criminal Lawyer
A 24-hour Connecticut criminal lawyer can provide a critical role and properly handling your case. When facing fraud allegations, it’s difficult to know exactly what to expect next. But often the key to winning your case doesn’t lay in the future, but instead in the past. We’ll look carefully at the evidence the state claims they have against you. We will also survey exactly how and when the state acquired that evidence and if they violated any of your rights in the process.
Finally, we’ll bring together the full picture of the evidence, what it shows, and how the police and state handled their investigation. Law enforcement has many troubles, and the bridge of moving into a more digital space has created quite a bit of strife. However, that doesn’t absolve them of mishandling or mistreating you in the process. Call Aeton Partners for support and to start building a strong foundation for your defense.