National Backup Day: The Impact of Digital Evidence on Your Criminal Case Outcomes

Why Digital Evidence Matters in Michigan Criminal Cases

Digital evidence is becoming an increasingly vital aspect of criminal defense in Michigan. Law enforcement and prosecutors regularly use electronic records to build cases against defendants, proving timelines, locations, and even intent. If the prosecution has access to incriminating digital evidence, you should too. That’s where an experienced criminal defense attorney can make all the difference.

Common types of digital evidence in a criminal case include:

• Text messages and emails: A text exchange could prove your alibi—or it could suggest involvement in a crime.
• GPS and location tracking data: Your phone or car’s GPS can place you at or away from a crime scene.
• Social media posts and private messages: What you post or delete on social media can come back to haunt you in court.
• Surveillance footage: Your presence in a location can be corroborated through security cameras, doorbell cameras, or other video sources.
• Computer records: Information stored on your personal or work computer (browsing history, downloads, or saved documents) might play a role in a case.

How Digital Evidence Can Help or Hurt Your Criminal Case

Prosecutors Use Digital Evidence Against You

Michigan prosecutors rely heavily on digital evidence. Conversations in text messages may be interpreted as proof of illegal activity. A phone's location data could contradict an alibi. Even deleted files or messages can often be recovered by forensic investigators.

For example, in domestic violence cases, a single text message taken out of context can be presented as an admission of guilt. In fraud cases, email communications showing financial transactions might be used by the prosecution. The bottom line is that technology tracks our actions, and that data can be used in court.

Digital Evidence Can Also Support Your Defense

While digital evidence is often used to prosecute, it can also be an essential tool in your defense. For instance, time-stamped location data might prove you weren’t at the crime scene. Witnesses claiming communication never occurred might be disproven with email or text logs. Surveillance footage might support your version of events.

Understanding what data exists and whether it supports your innocence is crucial. This is why preserving digital evidence is so, so important.

Preserving Digital Evidence: What You Should Do

1. Backup Your Data Regularly

National Backup Day is a reminder that regular backups aren’t just about protecting your device from crashes—they’re about preserving vital information that could serve as key evidence in a legal battle. Store important messages, emails, and GPS logs somewhere secure.

2. Do Not Delete or Manipulate Evidence

If you’re under investigation, deleting messages, attempting to wipe location history, or deleting social media posts can be considered destruction of evidence. This can make your case much worse because it often looks like an attempt to hide information. When in doubt, do not alter any digital records.

3. Consult an Attorney Before Sharing Digital Evidence

Digital evidence can be complex, and not everything that looks damaging actually is. Before handing over anything to law enforcement or the courts, make sure to consult with an experienced Michigan criminal defense attorney who can evaluate how it fits into your defense strategy.

When Can Police Access Your Digital Information?

Michigan police and prosecutors do not have free rein to go through your phone, social media, or computer without legal permission. They usually need:

• A warrant: In most cases, law enforcement must get a judge’s approval before searching your digital devices.
• Your consent: If you voluntarily give the police access to your phone or computer, they don’t need a warrant.
• Exigent circumstances: If there is an immediate risk of harm or destruction of evidence, they may be able to search without a warrant.

Always speak with a criminal defense lawyer before consenting to a digital search.

Recent Michigan Cases Involving Digital Evidence

Michigan courts are increasingly relying on digital evidence to make decisions in criminal cases. Some recent examples include:

• Domestic violence cases: Text exchanges and social media messages have been used both to convict and to defend accused individuals.
• OWI (Operating While Intoxicated) cases: GPS tracking has helped prosecutors prove a suspect was driving—but has also helped defendants prove they weren’t.
• Assault and battery cases: Video footage from security cameras or even Snapchat videos have served as key pieces of evidence.

The takeaway? Never underestimate the power of digital records in a Michigan courtroom.

Need Legal Help? Contact a Michigan Criminal Defense Attorney

If you’re facing criminal charges where digital evidence might play a role, you need an attorney who understands technology and how to challenge or use digital records to your advantage. Whether you need to fight evidence collected unfairly or use digital data to prove your side of the story, legal representation is critical.

Call Boria Law today at (734) 453-7806 for a free consultation. Attorney Aaron J. Boria has extensive experience defending Michigan residents against criminal charges, ensuring their digital rights are protected, and building strong defense strategies.

Final Thoughts: Digital Evidence Can Make or Break Your Case

National Backup Day is a great reminder that your digital records matter—sometimes even more than physical evidence. Whether it’s text messages, GPS history, or social media posts, electronic data can work for or against you in court.

To ensure your digital rights are protected and to craft the strongest defense possible, speak with an experienced Michigan criminal defense attorney. Don’t wait until it’s too late—your case may depend on it.