If you have a smart phone, the State can track your every move. This is possible regardless of whether or not you have enabled the geo-location application. When you make a call or send a text, your signal bounces off several towers. This is true whether or not it is incoming or outgoing. Simply by making a call with a cell phone, a detective can tell exactly where you were. They can do the same thing with a text. If a condition of your probation is that you not leave the County, you cell phone may rat you out. Your cell phone can land you in jail.
Throwing the phone away does not help. This data is stored and preserved by the carrier.
I just went through an all day probation violation hearing in Sarasota. The state subpoenaed the carrier, in this case Verizon. They got back a report for each call and each text with the latitude and longitude of each tower that the signal bounced off of. By identifying the towers and their locations they were able to narrow down the location of the phone at the exact time each call was placed. Ultimately, they were able to establish where the call was placed from. By looking at the content of the texts, they were able to establish exactly who was making the call.
They can put you out of County or in a particular location at any given time.
If you have a restraining order preventing you from contacting a spouse or a girlfriend, not only can they prove when the call was made but they may be able to prove exactly where you were when you made it. They may be able to put you right outside the house or down the street.
Not all lawyers are created the same. Not all are technically savvy. Not all understand modern technology. A good criminal defense lawyer now has to be on top of his game when it comes to technical defenses. Times have changed and modern defenses have to keep up with the changing times. Sex sting cases are a prime example of the kind of case where highly technical issues can sometimes win.
If you are charged with a crime, a probation violation or a violation of some condition of bond, call 239 334 8890 in Ft Myers or 941 366 3506 in Sarasota
Click the Links Below or call the Number Shown for an Office Near You:
ALL REQUESTS FOR CONTACT ARE STRICTLY CONFIDENTIAL AND GO DIRECTLY TO AN EXPERIENCED PROBATION VIOLATIONSCRIMINAL DEFENSE ATTORNEY, LEE AND COLLIER COUNTY SEAN C O’HALLORAN, CHARLOTTE AND DESOTO COUNTY ANDREW J BANYAI, SARASOTA PINELLAS HILLSBOROUGH AND MANATEE COUNTY PETER D AIKEN
YOUR REQUEST WILL BE DIRECTED TO THE CLOSEST OFFICE TO YOU