Being prosecuted because your smartphone has been setup yesterday is not the same as being prosecuted because you gave a password that wipe your phone in front of law enforcement.

In the past I have had my smartphone die a couple of days before travelling and quickly buying a smartphone so I could have a mobile line in case of emergency while travelling. This is not a totally uncommon case to have a smartphone with very little data. A lot of people never setup any cloud backup and lose all their data every so many years.