Divorcing? Don’t Let Your Phone Be An Evidence Against You!

Your cell phone tracks everything you do!

Nationwide Legal Investigations advises those involved in a divorce proceeding or contemplating filing for divorce consider the possible damaging evidence that could be stored on your cellphone. A computer technician, with just your average expertise, can easily use your phone to discover information about your entire life, every place you have been, everyone you have spoken with, every web site you have visited. Don’t wait until you are embarrassed while you are on the stand before considering this possibility.

A smart phone has a memory; it stores data and keeps track of what has transpired on it, intentionally or otherwise, even when you think you have erased it. Every time we upgrade to newer and better phones with faster processors and more memory they retain more data about us. Even if we didn’t intend it.

When you make a phone call using a cell phone, a record is created. You can see this information easily on-line by going to your cell plan provider website and accessing your bill. You will see that there is a record of phone numbers called, time of and duration of calls as well as locational information. The same applies to text messages. Every time you generate a text message you have created an undeniable record of that text. In a litigation setting it is almost always admissible and unimpeachable evidence.

Nationwide Legal Investigations, specializing in complicated divorce cases, warns that you may incorrectly think you have erased the incriminating information on your hard drive or your phone. You haven’t — unless you have completely re-formatted your hard drive and overwritten the memory and hard drive, or destroyed it. To remove data on your computer is not easy for the novice. It is an involved process and requires a fair amount of computer savvy. So if you think you have erased incriminating data on your phone you probably have not! Computer forensics experts can copy the entire memory of your computer, tablet and/or cell phone in a matter of minutes or hours and leave no trace that anyone has accessed your device. This includes data that you think you have erased. Despite your best efforts, unless you have superior knowledge and skills in this area, the data is just waiting for a trained expert to find it and share it with the highest bidder.

Having a knowledgeable private investigator on your side can make the difference between success and failure. Being knowledgeable about the nuances of cell phone data is critical for anyone engaged in family law cases. We can help you if you call us at (877) 493-3463.

In a divorce proceeding it would be very unusual if your spouse’s lawyer did not include an examination of all your electronic devices in his or her discovery request. These requests are almost always granted as a matter of course and an objection to producing it rarely is successful.

What this means to you is that every e-mail, phone call, text message, navigation software, shopping app, etc may well still be on your cell phone and available to someone examining it. Every “selfie” you take or the photos and videos are still on that “smartphone.” In the right computer forensic expert’s hands, you and that cell phone have created very damaging evidence.

Every internet search also leaves a record which might be of interest to your opponents. Were you accessing a hidden bank account? Were you looking at pornography that might trouble a judge in a custody case? Were you looking for divorce attorneys on the internet and reading some article about how to plant a tracking device on your husband’s car or perform an information dump from your wife’s I-Phone? Were you booking reservations for a weekend away with your lover?

Every place that you have been, especially when specifically guided by your phone’s Global Positioning System (GPS), will leave a record in the memory of your cell phone just waiting to be examined by a top expert and shared with your spouse and his/her attorney. As far as real time surveillance is concerned, I-Phones that you share on a family “network” can be used to gather locational information without any particular effort by almost any novice. Locational programs are also available for Android based systems that run in the background on your phone.

The potential uses for this GPS information are almost unlimited. Have you been to the gentleman’s club? Were you visiting your boyfriend/girlfriend? In a custody case, have you been to your psychologist or psychiatrist? Were you at a bar when you told your husband that you had to work late and couldn’t be home with the kids? Were you at a hotel in downtown Washington at 2 in the afternoon when you work in Virginia?

Turning the GPS feature off will not solve the problem either. It is absolutely possible, if not easy, to trigger a GPS on a telephone remotely and without prior consent. This can be accomplished even when the phone is turned off. And it is easy to do! A signal can be sent which will locate the phone either by Global Positioning System and/or by triangulating the cell towers surrounding the phone. Just like that, your location has been disclosed and you will have no idea that it has occurred. The phone will not “turn on” when this signal is sent. But if someone is out there trying to prove that you are somewhere where you are not supposed to be it will confirm that for them.

Nationwide Legal Investigations is there to assist you and or your attorney to navigate the process of inspecting and retrieving the data from your phone or your spouse’s phone.

An expert investigator knows how to get the admissible evidence necessary for a successful resolution to your case. An experienced investigator is an independent witness and has expertise in testifying in court. An investigator with years of experience will be familiar with the many possible scenarios which may present in each case. It is the dedicated, expert methods of a true professional which will help secure success in court. Our 30 years of experience makes all the difference, in the service levels and innovative approaches we can offer our clients.

Marc J. Tropeano is Chief Investigator at Nationwide Legal Investigations. He has been working as an investigator since 2001. He began his career working for an ex-LAPD retired detective who instilled his work ethic and investigative techniques that are still put to use to this day. As a Private Investigator Marc has worked on civil and criminal cases for attorneys across the state of California and beyond. He has investigated burglaries, thefts, white collar crime, domestic matters, and worker’s compensation claims. He has interviewed dozens of witnesses and subjects and prepared detailed reports for his clients. He has also worked on hundreds of surveillances and has provided clients with video and photographic evidence in support of his findings. Prior to joining Nationwide Legal Investigations, Marc was sharpening his skills as an undercover Animal Cruelty Investigator for the infamous Chris DeRose at Last Chance for Animals. Tell him your story, there is nothing he hasn’t heard…

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