Digital Evidence Attorney, Forensic Science Unit, Criminal Defense Practice

Brooklyn Defender Services (BDS) is seeking a Digital Evidence Attorney to join our Science and Surveillance Project in the Criminal Defense Practice.

BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. Our work with clients is focused on the intersection of the legal systems that disproportionately impact Black and Brown people living below the poverty level in Brooklyn.

BDS represents thousands of people each year who have diverse, complex, and multi-faceted legal needs. In addition to a zealous legal defense, our interdisciplinary teams of attorneys, social workers, and advocates provide a wide range of legal and advocacy services, including housing, public benefits, education, and employment issues. 

BDS’s Science & Surveillance team works to investigate and challenge, as well as capitalize on developments in both science and technology as they are applied to the criminal legal system. As our litigation practices become more intimately entwined with complex technological litigation support tools, the Science and Surveillance team seeks to equip Brooklyn Defenders’ trial lawyers to make the best use of the best tools available to effectively and efficiently collect, review, produce, and present case materials.

The Digital Evidence Attorney will be responsible for understanding and using digital forensic methods, techniques, and evidence and litigating issues involving digital forensic evidence, including information derived from computers and cell phones as well as police surveillance tools like Shot Spotter. 

Responsibilities

• Work with the assigned criminal defense attorneys to evaluate, analyze, litigate and utilize digital evidence. 

• Gather all relevant and available discovery materials, critical external research and analysis, and investigative materials needed to litigate digital forensic issues.

• Litigate digital forensic issues within a case —either directly as second-seat to the case attorney or in a support role—by drafting motions, working with experts, and conducting witness examinations at hearings and trials.

• Review and analyze the output of forensic device analysis toolkits (like Cellebrite and GrayKey), social media discovery, body-worn camera videos, and digital location information to help attorneys understand the contents, work with these discovery materials in motion practice, cross examinations, and closings, and identify potentially exculpatory evidence within these materials.

• Keep up to date on current law and new technical developments in the relevant areas of digital evidence, evidence, and constitutional law including attending trainings on these issues.

• Educate attorneys and other staff in BDS’s Practice areas on issues related to digital evidence.

• Provide support to the Science and Surveillance Project’s policy-based work on digital evidence related issues.

• Collaborate with other members of the team to improve technology resource offerings within the office.

• Additional duties as assigned.

Qualifications

• Admission to the New York Bar, or ability to become admitted in New York. 

• Familiarity with legal and technical issues regarding:

o Cell phones: Analysis and interpretation of device extractions, including specific issues with digital forensic software (e.g. Cellebrite, Axiom), data provenance, and authentication.

o Location data: Analysis and interpretation of location data from google, phone companies, digital devices, and mobile applications, including specific issues with interpretation methods, vendors like ZetX, and the confounding influence of Brooklyn’s dense urban environment.

o Social media data: Analysis and interpretation of social media data.

o Compilation videos: Use of audio/visual evidence to create trial presentations.

• Ability to break down complex technical topics and explain them consistently and effectively to a non-technical audience, including both fellow Brooklyn Defenders staff, as well as judges and juries. 

• Affinity for conducting technical and legal research, drafting original pleadings and briefings, and crafting innovative legal arguments.

Position Information  

This is a full-time, exempt, salaried position. The normal schedule is Monday to Friday 9am-5pm. The position is based at BDS’s offices, and the courts located in Downtown Brooklyn. There is a three-day per week in-person requirement for attorneys. The Digital Evidence Attorney will be expected to handle all their own cases in court, meet with clients as needed, and be in the office/court during active trials as needed even if that results in additional days in person.  

BDS determines salary on a pay scale based on education and experience. The attorney pay scale ranges from $79,000 to $154,040.  Given the unique expertise in this position, salary will be determined upon an offer from BDS.  BDS offers comprehensive benefits including health insurance and a 403(b)-retirement plan. In order to support work/life balance and family-friendly policies, BDS has generous vacation, sick, holiday, family, and medical leave policies.  

Application Instructions     

Click HERE to submit a cover letter and resume on our online application portal. Applications will be reviewed until the position is filled.   We recommend you submit your application by 5/31/2024.

Brooklyn Defender Services is a proud equal opportunity employer committed to celebrating diversity and maintaining an equitable and inclusive work environment. We strongly encourage candidates of all identities, expressions, orientations, disabilities, and experiences to apply. If you require an accommodation due to a disability or another reason, please contact the Managing Director of H.R., Christina Wallace at cwallace@bds.org.

BDS offers comprehensive benefits including health insurance and a 403(b)-retirement plan. In order to support work/life balance and family-friendly policies, BDS has generous vacation, sick, holiday, family, and medical leave policies.  

Click HERE to submit a cover letter and resume on our online application portal. Applications will be reviewed until the position is filled.   We recommend you submit your application by 5/31/2024.