Above indicates that audio phone taps were not present. Audio phone taps are considered highly invasive by the judicial system. However, in post 9/11 times, there is really no one set legal standard for what a Judge will allow.

IN CONCLUSION, it’s not 2008 anymore. All of this paperwork is years old, and with so many people now using iPhones, IPads, Blackberry’s and god knows what other devices, we think it’s safe to assume that technology has only allowed the courts more access to your personal information. Most of these new devices don’t ever permanently delete any data, making it all recoverable by authorities. There is no way to be 100% secure while using a cellphone. That said, we realize that not owning a cellphone is not a viable option for most people in this day and age. It is really all about minimizing the risks you take with owning one. If you are trying to paint trains, or get into any dirt of any consequence, we HIGHLY suggest:

1) Using cheap phones paid in cash registered to fake names and addresses, and change them regularly (a NOKIA model 8210 is best)

2) Not calling/texting people who may be under any sort of investigation/surveillance

3) Not texting anything you wouldn’t say in front of the police, as you very well might be texting it in front of them, and just not know it

4) Not using the internet from your phone, especially to log into any sort of social networking sites (facebook, twitter, instagram, etc.) or email (We receive a high volume of emails from people sent from their blackberrys and iphones . We find it ridiculous that people would tie their personal phone to their email/our email/graffiti websites)

5) Not using your phone when you are in locations that you shouldn’t be. Your coordinates can and will be traced, and your phone usage can be used to tied to events that you probably don’t want to be tied to .

We have already told some of you that if your living a certain life style, your cool-guy iphone/smartphone/blackberry is not conducive to it. One could argue that any information gathered from PEN registers is circumstantial, and wont hold up in court. The fact of the matter is that Circumstantial Evidence is still considered evidence, and will be used against you. Though you can argue against Circumstantial Evidence in a court of law, it comes to a point where there is so much of it, that it becomes very difficult/timely/costly to build a defense that will get your charges totally dismissed. It is way easier/cheaper/more time effective to be on your P’s and Q’s to begin with!

EXIF DATA

Exif data is a digital code your camera imprints into every photo you take, and sticks with it where ever it travels around the internet and among friends etc. Details such as time and date, are easily messed up by just not setting your time correctly, but what is hard to shift, and what can fuck you royally, is the serial number of the camera used to take the photo.

You take a photo of a panel, and that ends up on the internet, with very simple software you can decode that photo to find the camera model, and serial number. Where do you think an internet search for other photos uploaded with that same serial number attached to it will lead? More than likely, your personal facebook page, instagram or blog, website or personal flickr. If the shot is clearly a yard or night shot, thats your door off the hinges at 7am, and probably the camera itself, within your room, and more than likely for most, some sort of literature that shows you like graffiti on trains. Pretty tech stuff, but this is 2011 and thats a tiny part of the high tech shit they will use to track you down. So keep your photos off the net, exif data is trash-able, with techy software, but a simpler way to get rid of most of the data, if you must send it to someone, is to open the photo and print screen it and send that one.

STATEMENTS & PLEAS

First and foremost we are consistently surprised to many of the stories were hear from other graffiti writters concerning the “Vandal Squad”, or what ever other graffiti-related police they encounter. At no point during our arrests were either of us shown any photos of anyone else’s graffiti or anyone’s warrants or paperwork by police officers. It really makes us wonder what people run their mouths about to get to the point where police are showing them photos and shooting the breeze about other people’s business. When arrested, all you need to do is provide your name and ask for a lawyer. There is no conversation to be had beyond that.

Some of this may sound obvious, however you will be very surprised as to how often people fail to realize that IF AT ANY POINT, you find your self in handcuffs for any reason, you do not have to respond to any questions that police ask you. We suggest informing them of your personal information as far as government name and whatever bullshit address you would like to give them. If you refrain from giving this information you will be sitting in jail until authorities can figure out who you really are (ie: a long time).

Often, after being arrested police will attempt to get you to sign some sort of statement. They will often tell you what you did “isn’t a big deal”, and if you just cop to one charge, they won’t charge you with anything else. They might even offer to let you go home right then and there if you sign a statement, and threaten that if you don’t sign, they will go even harder on you. Remember during an arrest and interrogation police officers can and will lie to you, they are not breaking any law in doing so.

It is in your best interest NOT to write or sign any statements. If you do your a strait up toy, and don’t deserve to be writing graffiti. At no point can a police officer ever make you a deal. They do not have the ability to ensure you of anything in the courts. They merely arrest individuals and assist in building cases. Anything beyond that is left to the District Attorney, your lawyer, and the Judge. Police officers hold NO POWER in regards to “agreements” or anything of the sort. So there is ABSOLUTELY, NO REASON to talk to them. They can not and will not help you. It is not their job to help you. In fact, if you are breaking the law, it is pretty much their job to fuck you over. By getting you to sign a statement admitting to even just one thing, it helps authorities build a case on you, and opens the floodgates for future incitements and arrest warrants.

Plea Bargaining

A common misconception of a Plea Bargain is that someone snitched, which is usually not the case. By definition, a plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, to either a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. For example if you have ever been to court and received a conditional discharge, pleaded no-contest or been ordered to pay a fine to get a charge dropped then you have accepted guilt to a crime for a lesser sentence. Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%) of criminal cases in the United States are settled by plea bargain rather than by a jury trial. In certain circumstances plea bargains can include co-operating with and give information to the District Attorney. In such cases the details of the agreement will be transcribed in the court records (ie: they will most likely be public record.)

Global Solutions

Often in graffiti cases with long term investigations, writers face charges from multiple counties and jurisdictions. For example: In New York writers can be charged with cases in Manhattan, Queens, theBronx and Brooklyn. These are separate counties, and as such, they carry separate sentences. With a proper lawyer you can attempt to reach a “Global Solution” . This is when your lawyer and the D.A.’s of all concerned counties agree to one sentence, run concurrently. Global solutions can only be made within state lines. For Example: If you have multiple cases in New York, a global solution can not be reached with other cases in Boston. The only way this is possible is if you are in Federal Courts.

A very interesting dynamic of a graffiti case is that often an offender is not charged with every tag they have done in a city. To cover your ass from future legal problems you absolutely MUST inform your lawyer to make sure that as part of your plea, prosecutors agree to not go forward with any additional charges concerning incidents that occurred before your indictment (as seen in the last paragraph of the paperwork below). Without such an agreement from the DA, authorities can (and very likely will) arrest you after you receive/serve your sentence, and run you back through the system all over again on “new” charges. This HAS and WILL continue to happened to writers who do not seek out proper legal representation.