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Investigations & Digital Forensics

Digital Forensics 101 for Attorneys in 2017 

 

Digital forensics, also often called computer or cell phone forensics, is the process of uncovering and interpreting electronic data. The goal is preserve evidence in its most original form. Electronically stored information (ESI) may include photographs, messages, emails, voicemails, metadata, and databases. 

So, what all does a digital forensics investigation entail? Its primary purpose is to locate, recover, store, and investigate data, even deleted data, and media found on digital devices to reconstruct past events. The analysis of such media and data is typically used to prove or disprove theories and accusations in a legal setting. It may also be used to track down potential suspects and criminal activity. Investigators can use the data to determine someone’s whereabouts at a given time, or even to authenticate documents.

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Download our Infographic: The Beginner's Guide to Digital Forensics

Prudential Associates' Forensic Examination Finds Critical Evidence in Child Custody Case


A Prudential Associates’ client was recently involved in a child custody case. Our client suspected that his ex-wife was behaving irresponsibly when she was supposed to be caring for their child. Our forensic team was able to acquire the computer from the father. A forensic examination was able to obtain and secure numerous explicit pictures and emails that the mother had sent to a large number of individuals. Our client’s attorney was then able to demonstrate to the court that during the time the mother should have been watching the baby, she was actually on the Internet. The Internet communications and pictures revealed numerous disparaging comments that the mother had made about how their baby was upsetting her while she was trying to chat with numerous individuals online. Based upon this information and additional surveillance results documenting other conduct inconsistent with that of a responsible parent, legal action was successful in getting Prudential Associates’ client awarded full custody of the child.

Learn more about the digital forensics process
 

Tips to Preserve Potentially Important Data 

 

Electronically Stored Information, or ESI, has become a major part of any legal case.  As ESI becomes more commonplace, attorneys, judges and juries expect it. In today’s environment, it is important that this is done properly to ensure full compliance and avoid spoliation claims.

  • Make sure to write down passwords that you have been provided by a spouse even old ones.
  • Make sure to gather old computers, cell phones, memory media and store them away from the home for potential later electronically stored information (ESI) examinations 

  • Have forensic examiners obtain forensic images to preserve data that might be important later, in case access is not available at later date

  • Change your passwords regularly and use a combination of letters, numbers, and symbols

  • Don’t be afraid to go in and consult with an attorney for an hour or two.  Getting some advice does not necessarily mean you are choosing to get divorced.


If you or your firm needs investigative or digital forensics help contact Prudential Associates to schedule a consultation. Call us at 301.279.6700 or email us at jks@prudentialassociates.com. Visit our website at www.prudentialassociates.com and follow us on social media.

11 North Washington St.
Suite 350
Rockville, Maryland 20850

Phone:   301.279.6700
              877.279.6700

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