what kind of lawyer for cell phone

by William Harber 5 min read

If you think you have been a victim of cell phone fraud, it is very important that you speak with an experienced consumer lawyer to make sure you aren't held liable for any fraudulent charges. A consumers' rights lawyer also can help you seek any possible remedies and represent you in court if necessary.Jul 25, 2018

Full Answer

What kind of lawyer do I need for a criminal case?

Criminal Lawyer. If you or a loved one has been charged with a crime, a criminal lawyer is the type of lawyer you should turn to. A criminal lawyer will be knowledgeable in areas related to criminal law, including issues related to bail, arraignment, arrest, pleas and any issues relating to the criminal trial itself.

Where can I find a lawyer for free?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location. You simply submit your legal issue and you will be matched with a lawyer that can help.

What kind of lawyer does the government have?

Government Lawyer. There are government lawyers for every single aspect of government. Local, state, and federal governments all have attorneys on staff. Within each level of government, an attorney works for an agency. For example, on the federal level, the FBI has attorneys as does the Department of Environmental Protection.

What does an Internet lawyer do?

This type of lawyer deals more than just internet law – they deal with all sorts of legal issues that arise out of the use of digital platforms like mobile phones, tablets, and computers as well as the internet.

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How do I sue a phone carrier?

A person who has a dispute with a cell phone provider over a refund, overcharges and other conflicts can sue the company in small claims court. Before attempting this, however, they should try to settle their complaint with the provider's customer service department.

What type of contracts are cell phone contracts?

Cellphone Contracts Are Adhesion Contracts They're called adhesion contracts, and they contain the same language for every customer. If you want the service, you have no choice but to sign the contract without any changes.

What phones do lawyers use?

Like in past years, the iPhone continues to dominate the legal smartphone market. Now almost 75% of lawyers have iPhones, followed by 23% with Android devices, and just over 2% with Blackberries or Microsoft phones. Exactly 50% of lawyers use a tablet for legal work and exactly 50% don't.

Can lawyers track your phone?

In most situations, a law enforcement officer, attorney, or anyone else cannot look through or take something without probable cause. But the Fourth Amendment also protects cell phones. A law enforcement officer or injury lawyer must prove it is very likely that evidence is on the phone to legally search it.

How can I get out of a cell phone contract?

Here are seven ways to get out of your cell phone contract for free.Use the Grace Period Loophole. ... Transfer or Trade Your Contract. ... Switch to another Cell Provider. ... Take Advantage of a Change in Contract Terms. ... Negotiate with Customer Service. ... Report All Issues with Your Service. ... Move Out of the Service Area.

How can you get out of a mobile phone contract?

Contact your provider to tell them you want to cancel your contract. You can either call or send a free text, or email them. If you're still within contract, you'll need to pay any exit fees or buy-out the remainder of your contract, before you can leave.

Do phone records show text messages?

Cell phone records, otherwise known as “Call Detail Records”, show the caller's phone number, duration of call, start and end time of the call, and the cell phone tower the phone was connected to. Text message meta data is also attainable, but the actual contents of the messages are not in the CDRs.

Do phone companies keep records of text messages?

Cellular service providers retain records of the parties to a text message and the date and time it was sent. They do not, however, retain the content of text messages for very long, if at all.

Can text messages be used in court?

The answer to that is yes. They can be used to 'back up' anything you are trying to prove. So in non molestation order proceedings (i.e injunctions) they can be used to prove that someone has been abusive or threatening or to disprove such allegations.

What is Cell Phone Fraud?

Cell phone fraud occurs when a person uses, tampers or manipulates your cell phone or your cellular service, without your permission.

How to protect yourself from subscriber fraud?

To protect yourself against subscriber fraud, be very careful when giving out your personal information. Make sure you only give out your personal information to legitimate businesses. To protect yourself against cloning, find out if your service has authentication services that prevent fraud.

What is cloning fraud?

Cloning fraud: someone copies the electronic serial number and telephone number of your cell phone, which lets them make a duplicate cell phone and the calls on that cell phone are then billed to your cell phone.

Should I Talk to a Lawyer if I am a Victim of Cell Phone Fraud?

If you think you have been a victim of cell phone fraud, it is very important that you speak with an experienced consumer lawyer to make sure you aren’t held liable for any fraudulent charges. A consumers’ rights lawyer also can help you seek any possible remedies and represent you in court if necessary.

What is a cell phone contract?

Cellphone Contracts Are Adhesion Contracts. Cellphone contracts are typically one-size-fits-all. They're called adhesion contracts, and they contain the same language for every customer. If you want the service, you have no choice but to sign the contract without any changes. There's no room for negotiation.

How do cell phone companies make money?

Cellphone carriers make money in two ways: They sell prepaid plans, allowing you to pay for your usage in advance. Or, they require that you sign a contract with them, agreeing to pay for a set amount of monthly usage. Contracts commit you to an extended period of service, usually two years. Cellphone contracts usually don't require ...

Do cell phone contracts require service?

Cellphone contracts usually don't require that the carrier provide you with excellent service. Some contain cautionary language stating that they don't have to. Contracts are typically more about what you must do during the life of your plan, such as pay your bill on time. They don't guarantee that the network will always be available or that the service will never drop your calls in mid-conversation.

What is digital media lawyer?

This type of lawyer deals more than just internet law – they deal with all sorts of legal issues that arise out of the use of digital platforms like mobile phones, tablets, and computers as well as the internet. Issues range from ensuring a website complies with the law to dealing with privacy complaints to advising companies about how they can and cannot use tracking tools in their apps and on their websites.

What are the different types of lawyers?

The following are a few of the many different types of lawyers in the United States: Civil Rights Lawyer. Civil rights attorneys use the law to help people protect their civil rights or recover damages if their civil rights have been trampled on. Civil rights are the core rights of United States citizens that stem from state ...

What is a private sector lawyer?

Private sector lawyer refers to the broad category of lawyers that do not work for the government or nonprofits but instead work for private companies and law firms. Private sector lawyers usually make more than public sector lawyers. Real Estate Lawyer.

Why is the career outlook for lawyers less appealing?

The career outlook for lawyers has become less appealing in the past 10 years because there are many more law schools and lawyers than there used to be . This floods the market and makes it harder for lawyers to obtain jobs and decreases overall salaries.

What are the jobs of a real estate attorney?

There has been a resurgence in the need for real estate attorneys since the economy has recovered. Real estate lawyers have a variety of options for their practice they can help close real estate deals, represent parties when real estate deals fall through, and lawsuits are filed, and can represent clients in the process of obtaining required permits for their real estate deals. Some states even require that a real estate attorney be present at real estate closings which creates a good market for attorneys in this area.

What is the main function of a paralegal?

Paralegals main function is to assist the lawyers that they work for. The day-to-day responsibilities of paralegals vary greatly. Some paralegals provide more administrative support doing things like placing court dates and deadlines on the lawyer’s calendar, writing simple letters, sending out notices, and organizing the lawyer’s files. Other paralegals perform more substantive legal work like summarizing depositions, medical records, and other documents, drafting complicated correspondence and reports, and even doing legal research.

What does a real estate lawyer do?

Real estate lawyers have a variety of options for their practice they can help close real estate deals, represent parties when real estate deals fall through, and lawsuits are filed, and can represent clients in the process of obtaining required permits for their real estate deals.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

Which amendment protects cell phone records?

This article explores the basics of cell phone privacy with respect to the Fourth Amendment right against unreasonable search and seizure, the third-party doctrine, and the changing nature of what's required for a warrant of cell phone records.

How to protect your privacy rights when facing criminal charges?

Seeking the counsel and guidance of an experienced lawyer is almost always the right decision when you're facing criminal charges. A legal professional can protect you when the police have violated your Fourth Amendment rights by accessing certain data without a warrant. Get peace of mind and protect your privacy rights by speaking with a local criminal defense attorney.

Which case held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties?

Supreme Court before the first cell phones were made available to consumers, most notably in the case of Smith v. Maryland (1979), which held that "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties."

Can police tap someone's phone without a warrant?

The police cannot, however, tap that person's phone without a valid warrant. But cell phones often raise much more complicated Fourth Amendment issues, such as the difference between data that has been willingly shared and that which is beyond our control or comprehension.

Is it legal to turn on your phone?

But while the choice to use a cell phone is voluntary, the simple act of turning on your phone doesn't result in the forfeiture of your Fourth A mendment rights. This was decided by the Supreme Court in 2018 ( Carpenter v. United States) when it ruled that the use of cell site location information (CSLI) is not subject to the third party doctrine.

Do police need a warrant for wiretap?

Police also are required to obtain a warrant prior to viewing the contents of a cell phone seized at the time of an arrest, even though non-CSLI data pertaining to that same phone may be accessed from the service provider under the third party doctrine. As mentioned earlier, wiretapping a phone (landline or cell phone) also requires a warrant.

How accurate is a phone bill?

A phone bill is only accurate to the minute since the majority of wireless phone companies bill to the next full minute. This means that a phone call that lasts 15 seconds would show 1 minute on a phone bill. A call that lasts one minute and one second will show as two minutes on a phone bill. Also, a phone bill is only going to give you evidence ...

How do wireless companies keep records?

Wireless companies keep records about when and where a phone call is made, when text messages are sent and received, and when data is transferred.

What do Cell Phone Records Show?

Cell phone records, otherwise known as “Call Detail Records”, show the caller’s phone number, duration of call, start and end time of the call, and the cell phone tower the phone was connected to. Text message meta data is also attainable, but the actual contents of the messages are not in the CDRs.

How long does a call last on a phone bill?

A call that lasts one minute and one second will show as two minutes on a phone bill. Also, a phone bill is only going to give you evidence of billable activity. Billable activity does not include outgoing calls that did not connect to another phone, and may not include outgoing calls that connect to another phone’s voicemail.

How to find a phone near a fire?

Location information stored in call detail records can be used to determine if a phone is near a particular place. For instance, in insurance cases, it may be important to know if someone is near a location when a fire started. Call detail records can allow an expert to determine of the phone was in the general area near the time of the fire, or other incident. We have used this information in cases involving fires, explosions, and hit-and-run auto accidents. In one case we handled, the insured driver in a hit-and-run case claimed to be in Atlanta, Georgia, at the time of the accident that occurred in Birmingham, Alabama. The driver’s call detail records clearly showed the phone near the location of the hit-and-run at the time of the accident.

Is wireless phone data protected?

All of this phone activity data is available if you ask the wireless phone company to provide it to you, and you are still within the window of time that they keep their records. Unlike many other records, wireless phone records or call detail records (CDR), are not protected by the Stored Communications Act and are not protected by ...

Is voicemail an indication of phone usage?

Voice calls are an indication of phone usage by the driver, however, whether or not the phone is being used hands free is impossible to determine from a record. Also, if the incoming call is answered by voicemail can be determined from the call detail record, where on some phone bills, this would not be indicated.

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