Attorney: Dylan W. Greenwood
Charge: Injury to Personal Property
Case Result: Voluntarily Dismissed
County: Forsyth
Our client was facing false accusations. Accused of property damage to the vehicle of a jilted ex-spouse, attorneys at Greenwood Law began searching for ways to prove our client’s innocence. Although our justice system deems an accused as “innocent until proven guilty,” there are times that if we can show proof of certain circumstances (i.e. an alibi) we can get a case dismissed without putting our client through the stresses of a criminal trial.
Video Surveillance and Phone Geolocation Data
Our client was alleged to have been at a location more than 20 minutes away from his home, at a very specific time, while allegedly damaging this vehicle. Our client swore up and down that he was at his home during this particular time and he had proof. Home surveillance has become more prevalent and this client was able to show proof the he was in his home talking on a cell phone.
Unfortunately, the surveillance video was not timestamped. Otherwise, it might have been enough evidence. The attorneys at Greenwood Law were not done, however. We knew that if we could get the geolocation data from the cell phone used and show the specific cell phone tower that the client’s cell phone accessed, we could prove the alibi. Greenwood Law was able to successfully subpoena this information from the cell phone company.
Subpoenaing Phone Records
Experienced attorneys, like those at Greenwood Law, know how to draft and serve subpoenas properly to get information needed for these cases. We also think “outside the box” to provide the best defense and outcome for our clients. Without knowing this process and how to ask for the right information, phone companies will either not comply or only provide the bare minimum required by the subpoena.
Potential Issues at Trial
Furthermore, without an experienced attorney, like those at Greenwood Law, getting video surveillance and/or phone records admitted into evidence at trial can be tricky. Our attorneys know how to lay the proper foundations to show the Court the reliability of the evidence.
The proper foundation for cell phone records to be admitted into evidence at trial actually require an authorized representative from that company to be there to testify. This can all be avoided by getting the proper certified statements or affidavits signed ahead of trial.
Charges Dismissed
Once we obtained all of our evidence, we presented our findings to the district attorney. One of the advantages to having an attorney is that he or she has access to district attorneys for just this purpose. The evidence was overwhelming. Not only did the video surveillance show our client in his home, but the cell phone geolocation records proved that his cell phone accessed a cell tower right beside of his home during the call. Our client was proven to be nowhere close to where the alleged events took place. The district attorney dismissed the charges.