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Criminal Defense · Independent Examination

A Digital Forensics Expert for Criminal Defense

The state's extraction is a starting point, not the whole story. The Waldrep Company gives defense attorneys an independent forensic examination of the digital evidence: what it shows, what it does not, and what the prosecution's report left out. 19 years in digital forensics. casework in federal and state courts.

By the time a criminal case reaches you, the digital evidence has usually been through one set of hands: the state's. An examiner working for the prosecution ran the extraction, chose what to look at, and wrote a report that supports the charges. That report is one reading of the data. It is rarely the only one.

A defense digital forensics expert asks different questions. What did the tool actually capture? What was left out? Do the timestamps mean what the state says they mean? Was your client using the device, or was the activity automated, or someone else entirely?

The Waldrep Company works those questions for defense counsel nationwide: independent review of prosecution productions, independent examination of devices with proper authority, and testimony that explains the findings in plain language. Intake is remote, devices ship to the lab, and Eric Waldrep travels for testimony.

Where defense reviews change cases

Common findings, stated generally: timestamps read without time zone context, tool artifacts presented as user activity, recoverable data that was never examined, and shared devices treated as if one person held them. None of that is exotic. It takes an examiner with time, the full data, and a reason to look.

  • Independent review of Cellebrite UFED, Reader, and GrayKey productions
  • Verification of timestamps, time zones, and device clock behavior
  • Attribution analysis: user activity versus automated device events
  • Recovery and review of deleted or unexamined data
  • Independent examination of devices with proper legal authority
  • Extraction scope compared against the authority that allowed it
  • Methodology review of the state expert's report and conclusions
  • Review under protective orders and discovery restrictions
  • Chain-of-custody documentation from intake through return
  • Testimony at motion hearings, evidentiary hearings, and trial
19
Years in Digital Forensics
Fed + State
Courts Qualified
27
Years in Law Enforcement

Challenge Digital Evidence on the Merits

Every engagement is scoped with counsel. Some matters need a quiet consulting review. Others need a full independent examination, a rebuttal report, and a witness on the stand.

Prosecution Production Review

The state produces a Cellebrite Reader file, a UFED extraction, or a GrayKey output, plus a report built from a fraction of it. We review the full production and flag what it skipped. See Cellebrite report review.

Independent Device Examination

With proper legal authority in place, we acquire and examine phones, computers, and storage media ourselves rather than relying on the state's copy. See mobile device forensics for how acquisition works.

Methodology & Overreach Challenges

We examine how the state's expert worked: the tools, the process, the scope of the extraction against the authority for it, and the distance between the data and the conclusions. See opposing expert report review.

Timeline & Attribution Analysis

Timestamps, location artifacts, app records, and account activity, assembled into a sequence counsel can test. Includes the question many reports skip: who was actually using the device at the moment that matters.

Protective Orders & Discovery Limits

Much of this material arrives under a protective order. We work within those terms: controlled review settings when required, restricted copies, secure storage, and return or destruction of material as the order directs.

Defense Expert Testimony

Findings go into a clear written report, and Eric Waldrep testifies to them at hearings and trial. The expert witness page covers how testimony engagements work.

Built Around Counsel, Not Around Us

Confidentiality

Every engagement runs through counsel and stays there. We do not discuss matters, clients, or findings with anyone outside the engagement. Evidence is stored securely, access is limited, and material is returned or destroyed as counsel directs.

Consulting or testifying: counsel's call

Whether we serve as a consulting expert or a testifying expert changes what may be discoverable, and that decision belongs to counsel. We raise it at the start of every engagement, before anything is written down, so the work product takes the shape the defense actually wants.

A note on funding

In court-appointed and indigent-defense matters, funding for a defense expert works differently in every jurisdiction. Some courts approve expert funds on motion. Public defender and appointed-counsel systems have their own procedures and caps. We cannot promise funding will be approved, but we can scope the work to fit what is, and we discuss it candidly in the free initial consultation.

Honest scoping

We say early what the evidence can and cannot support, so no one builds a defense on a reading the data will not carry. If a review is unlikely to help, we say so before the budget is spent.

Where a Phone or Computer Sits Near the Center of the Case

Every matter is discussed in confidence before any engagement begins.

Drug Investigations Messages, contacts, and location claims, and the attribution questions underneath them.
Fraud & Financial Matters Computers, documents, and account records, and who actually created or sent what.
Assault & Violent Crime Device activity, media, and communication timelines around the alleged incident.
Homicide Investigations High-stakes review of extractions, location artifacts, and the state's forensic work.

Clear Fees, Agreed in Writing First

A written fee agreement is provided before any work begins, and the initial consultation is free. The complete schedule, including testimony and retainer options, is on the rates page.

Consulting & Review
Analysis, Review & Case Consulting
from $425 / hour

  • Review of prosecution productions and extraction files
  • Independent analysis of device and account data
  • Findings memos and written reports for counsel
  • Preparation support for cross-examination of the state's examiner

Billed hourly by scope. Testimony rates and retainer tiers are listed on the rates page.

Report Critique
Opposing Expert Report Review
$2,750 flat

  • Structured critique of the state expert's report and methodology
  • Tool use and extraction scope checked against the underlying data
  • Suggested lines of inquiry for cross-examination
  • Delivered as a written memo to counsel

Fixed fee, defined deliverable. Full description on the opposing expert report review page.

Frequently Asked Questions

What a defense review covers, how fast it can move, and what it costs.

Yes. Reviewing prosecution productions is a core part of our criminal defense work. We review Cellebrite UFED extractions, Reader files, GrayKey outputs, and the reports examiners build from them, then tell counsel what the data supports, what it does not, and what was left out. A structured review of the full extraction often surfaces material the state's report never mentions.
Yes, with proper legal authority, which counsel arranges. Once authority is in place we handle intake by shipped device or scheduled acquisition, image the evidence using forensically sound methods, and document chain of custody from receipt through return. Acquisition is a flat $1,500 per device.
It depends on the volume of data and the questions the review needs to answer. A focused report review can move quickly. A full independent examination takes longer. At the initial consultation we tell you whether the timeline is realistic and what can be done in the time available. Earlier is always better.
Yes. Eric Waldrep has worked casework in federal and state courts. He testifies at motion hearings, evidentiary hearings, and trial, and he explains technical findings in plain language a jury can follow. No expert can promise an outcome, and we do not.
Consulting and review work starts at $425 per hour. Forensic acquisition is a flat $1,500 per device. A structured review of the opposing expert's report is a flat $2,750. The initial consultation is free, and a written fee agreement is provided before any work begins. The full fee schedule is on our rates page.
That depends on how counsel structures the engagement and on the discovery rules in your jurisdiction. In general terms, work by a consulting expert is treated differently from work by a testifying expert, and the decision about which role we play, and when, belongs to counsel. We raise the question at the start of every engagement so nothing is produced by accident. This is general information, not legal advice.

Digital Evidence in a Criminal Case? Get an Independent Read.

Tell us what the state has produced and what the charges turn on. We will tell you what a defense review can realistically add, what it costs, and how fast it can move. The consultation is free and confidential.

Free initial consultation · Written fee agreement before any work begins · Serving defense counsel nationwide

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