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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33069
Experience:  16 yrs. of experience including criminal law.
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UPDATE In Sep 2009, a Search Warrant was served on my residence

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UPDATE: In Sep 2009, a Search Warrant was served on my residence seeking evidence related to allegations of Aggravated Identity Theft, Access Device Fraud and Wire Fraud. The Warrant was primarily for Computers and Electronic Media as well as Bank Statements. In Nov 2009, my attorney made a presentation to the U.S. Attorney and Secret Service agents, providing them with proof that I was not involved in the schedme outlined in the Affidavit for the Search Warrant. Of course, the Agent in Charge was not convinced by the presentation. In Jun 2010, my attorney received a call from the U.S. Attorney, telling him that they would like to return my computer. My lawyer asked her if the status of the case had changed, and she said "no." FOLLOW UP: My lawyer told me that the "mirror image" will be sufficient as evidence in this case. Do you think that is true? Is the Government accustomed to returning computers w/o a motion to do so?
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

What is your question? You want to know if they can prosecute based on the image?
Customer: replied 6 years ago.
Yes, I have hear varying opinions on this matter. One lawyer told me that in Federal Cases, they will let the Defense Attorney watch the cloning and then give the harware back. By the way, I am a target and not indicated on any charges. Others have said that the mirror image is enough. What seems odd to me is that the AUSA called me lawyer and OFFERED to return the computers. I would think they would keep it all as evidence for further proceedings... what are your thoughts?
Mirror is enough under the federal rules. But its odd...its odd for them to release since they do not have to. Typically they hold this stuff tight to prevent any objection by the defense.

But a mirror will satisfy the Federal Rules for admissibility so long as they have someone who can testify how it was made.
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