Posted by pi52 on 5/15/06

More | Report Post

Those of you in the legal field have probably used or have
been up against the unlicensed computer forensic expert,
examiner, investigator, or whatever they label themselves.
Often the testimony and cross-examinations are difficult
and expensive!

There can be a short cut to challenging the Unlicensed
Computer Foreniscs Investigative Expert. The challenge
should be done early in the case. Check the expert's
investigative behavior. You will find many of these
experts are just computer technicians with histories of
doing criminal and civil case investigations under the
erroneous assumption that since their investigation
involves computer evidence then no licensing is required.

They examine computers for evidence secured from their out-
in-the-field investigation or the client provides them with
the computer in order to find digital evidence and further
leads. You will find them following-up and investigating
those leads. When professionally questioned under oath most
fold, become evasive and claim "special status" and
exemption from the law. When the other side's client or
attorney is advised it is not uncommon to discover this
issue was not disclosed and was known by the unlicensed
computer forensics investigator at time of hiring. Some of
their resumes are quite impressive with many claims
of "certifications" that amount to private sector "high
tech" investigation training programs that they completed.

Most states have solid and current licensing law that can
be cited and used to eliminate the unlicensed investigator
from the case. Check your state investigator licensing
laws. If the unlicensed computer forensics investigator is
from another state, and has entered your state without
authorization, and without further licensing then you could
have further cause for removal.

If you find one that makes the excuse that he has already
qualified in court on previous cases, just make sure he
knows that he did not get caught then, and qualifying in
court does not magically produce an investigator's license.

If you have hired one, and do not know about this issue,
question the unlicensed computer forensics investigator
closely, on qualifications, criminal backgrounds, licensing
at all levels, and business tax exemption claims.

If you want further details on "Challenging the Unlicensed
Professional" send me an E-mail request. Your clients
deserve the best, and removing an unlicensed investigator
from the "other side's" case is to their benefit.

pi52@earthlink.net
CA Licensed Computer Forensics Investigator

Re: Unlicensed Computer Forensics Investigators?? , 6/02/06, by Tom Riley, Attorney.

Attorney Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST