How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legal-Guru Your Own Question

Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1359
Experience:  Experienced Criminal Trial Attorney since 1998.
58645016
Type Your Criminal Law Question Here...
Legal-Guru is online now
A new question is answered every 9 seconds

victims privacy? i have 2 sexual assault cases pending against

Resolved Question:

victim's privacy? i have 2 sexual assault cases pending against 2 different men. they're in the investigation stage. I feel uncomfortable thinking that investigators may look at all my texts, emails, etc. Legally I'm not concerned, just don't like it.. Without my permission would they need to a warrant to access this data? If so, would I be notified/aware of that happening?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome back to JustAnswer.

Are you referring to them obtaining this information from your cell phone company and email service providers or do they have possession of your phone and computer?
Customer: replied 1 year ago.

hi :)


I'm referring to A or perhaps remote access to my computer. Basically any way that doesn't involve them having my physical phone and computer.


Tks

Expert:  Legal-Guru replied 1 year ago.
Ok, that's what I thought, but just wanted to make sure. As the victim, it would be very unusual for the police to try to retrieve your text messages and emails. If they wanted to look at any texts/emails between you and the suspects they would likely just ask you.

If they did try to get your texts and email:

(1) Most cell phone companies do not keep text message content. Back several years ago they did, but then text messaging exploded and rather than pay millions for extra computer storage to save them the phone companies just stopped saving the content. I have had one case ever where we got text message content from a cell phone provider and that was from Cingular before they were AT&T. AT&T no longer saves content. Some cell phone providers do save content but only for a very short period of time (i.e., 48 hours). So even in the unlikely event that they sought the content of your text messages from your cell provider it would not be technically possible if weeks or months have passed.

They can subpoena your phone records pretty easily, but that just tells them the date, time, sending & receiving numbers of your calls and texts. It's very similar to what you see on your phone bill.

(2) Emails - This might be possible depending on the retention policies of your email service provider. For instance, I believe Google's Gmail keeps six months of content. Google would notify you unless the subpoena or court order ordered them not to reveal the disclosure.

(3) Remote access - I have never seen that happen. It would require a warrant and may be something the NSA engages in, but not local law enforcement.

In summary, I wouldn't worry about it. It's very unlikely that they would seek this information, and even if they did, there is probably not much that they could get.
Customer: replied 1 year ago.

thanks, XXXXX XXXXX happen to know about yahoo email?

Expert:  Legal-Guru replied 1 year ago.
A couple of years ago Yahoo extended retention of their internet search history from 90 days to 18 months. I would expect their email retention to be the same, but I am not 100% certain of that.

Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1359
Experience: Experienced Criminal Trial Attorney since 1998.
Legal-Guru and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.