Expert Witness

Most people have heard the term “expert witness,” but it’s not until you’re in need of one do you truly understand an expert witness is more than just someone with experience in a given field. Just because a person considers him or herself an expert doesn’t mean the court will view it this way.

What is required to be an expert witness and what should you and your attorney look for if you’re in need of expert testimony?

There are federal and state laws governing who can testify as an expert. The court that tries your case determines which of the guidelines apply to your expert witnesses.

Federal Guidelines for Expert Witness Testimony

According to federal law, expert witnesses are people who possess education, experience, knowledge, skill, and training in a specialized field. These are fairly broad guidelines, but they do ensure anyone testifying as an expert witness will be an experienced professional in his or her field.

Federal rules require experts to base their testimony on facts and/or data considered the norm in their field. The goal is to help the jury better understand a complex situation. In a way, expert witnesses serve as filters by straining complex, technical information through their knowledge and experience and interpreting and explaining it in a way that helps someone without the same knowledge understand it.

What’s the Difference between a Federal Witness and a Federal Expert Witness?

Non-expert witnesses testify about what they saw or heard in regard to an alleged crime, whereas an expert doesn’t need to have seen or heard the alleged crime. They are giving objective general information related to the details of a given case.

The state rules regarding witnesses are similar to federal rules but vary slightly from state to state regarding the inadmissibility of testimony. To learn more about Colorado’s rules regarding expert witness testimony, check out this information provided by SEAK, a company that offers an expert witness training program.

Scientific Evidence

One of the most common issues that arise regarding expert testimony is related to scientific testimony.

In some cases, there is little to no dispute. Nobody questions evidence widely accepted as fact. Even a person of average intelligence with no specific experience would understand it. When evidence is factual, the judge can take judicial notice and accept the testimony of the expert as fact.

In other instances, scientific evidence is controversial. This means it’s up to the court to determine the appropriate testing method before allowing the expert witness’s testimony. Judges can ask if the evidence presented by the expert has been:

• Subject to peer review
• Tested and if so, via what method
• Published, and the rate of error in the testing

They might also ask for information regarding the rate of error in testing.

Other states question the reliability of scientific evidence. These states require it to be acknowledged as fact by the scientific community. Furthermore, qualified expert witnesses conduct testing and provide proof that he or she followed the proper procedures.

Would an Expert Witness Help Your Case?

Expert witness testimony can strengthen your defense a great deal and help jurors better understand the details of your case. Expert witnesses are effective even if your case is settled outside of court.

If you’d like to know more about expert witness testimony or you believe working with an attorney who has access to a network of expert witnesses, contact David Lindsey to schedule a consultation.

People use computers for just about everything these days, which leaves plenty of room for crime. Just about everything you can think of can be found online – medical records, financial transactions, personal identification – which means it is easy to access information to commit a crime. It is also easy to make mistakes and wind up in a situation that looks criminal, but was fully intended to be innocent.

If this happens, law enforcement will conduct an investigation to determine what happened and whether or not a crime was really committed. If you are the subject of this investigation, what can you expect?

Search and Seizure

Most computer crimes investigations begin with the search and seizure of a computer and other equipment. Computers may be seized as the result of a search warrant being issued, or investigators may request voluntary or consensual surrender of a computer. A person is never required to consensually relinquish a computer or other device that they have full ownership interest in. If seizure of a device is not necessary, law enforcement may conduct information recovery by accessing files or a website, without seizing any computers. Remember, for law enforcement to enter into your home or office, or to seize your computer or any other equipment, they must have a search warrant.

If you are accused of committing a computer crime, you can expect at least the room in your home or office to be considered a crime scene. This means no access will be allowed except to law enforcement during the investigation. Additionally, investigators will likely seize all devices and media during a search. This means that even computers, DVD, and other items will be seized during the execution of a search warrant.

It may be a crime to delete evidence of a crime from a computer. However, since the investigators will likely seize all devices it is advisable to back up all of your data in some sort of “off-site” storage. Many clients have had who have had computers seized by law enforcement have forever lost all their files including family photos, music, movies and other items all of which may have been completely legal.

Those who have been suspected of computer crimes in the past can expect those previous incidents to be brought up. Law enforcement likes to look for patterns to help build their case. They also look at whether you had the ability to commit the crime and whether or not there was motive.

Interrogation

You will be interrogated, which means you will be asked questions by law enforcement about the crime. It is important to have an attorney with you when this occurs. You are never required to answer investigative questions without a lawyer present. You should politely tell the police that you may be willing to answer their questions, but you want a lawyer present when you do so. Even if police ask to see you and ask a few questions, and it does not seem as if you are being accused, you still need someone there to guide you and help you answer questions. You never know when something you say will end up incriminating you down the road, even if you are not under arrest.

If you have been accused of a computer crime or you believe you are under investigation, you need to act fast. The best thing you can do the moment you think you are a suspect is to call an attorney. Contact David Lindsey to schedule a free consultation to discuss your situation.

The FTC estimates that approximately 9 million Americans are victims of identity theft every year. Many do not even realize there is a problem until they are rejected for a loan or they review their credit report. More information about protecting yourself from identity theft is available here.

Accidental Identity Theft

Unfortunately, in addition to these many instances of legitimate identity theft, there are also times when accusations of identity theft are made against a person who had no intention of the breaking the law.

For instance, if your credit history is less than appealing and a friend suggests you to apply for credit in his or her name, you are breaking the law despite having permission. In addition to submitting a fraudulent credit application, your friend could also turn on you and accuse you of identity theft. This is highly likely if he or she is facing charges for willingly participating in the fraud.

In any instance an opportunity arises to use someone else’s identity, even if he or she has given you permission to do so, do not do it. Charges for committing fraud or identity theft do not require the so-called willing victim of the crime to report you or be unaware of your actions. Essentially, a defense of “but my friend said it was fine” will not carry much weight in the courtroom.

Likewise, if you gain information to the personal information of someone by accident, follow the appropriate steps for correcting the security breach. For instance, if you receive personal mail for someone who no longer lives at your residence, return the mail to the USPS.

Avoiding accusations of identity theft can be just as challenging as avoiding being victimized, depending on your circumstances. If you have been falsely accused of stealing someone’s personal information or you are in a situation that could result in accusations of a crime, you need to speak to an attorney familiar with identity theft. Contact David Lindsey, Denver criminal law attorney.