The Legal Implications of Digital Evidence in Criminal Trials
The advancement of technology and digital platforms has created new opportunities for prosecutors. Law enforcement is now using digital platforms to investigate and prosecute crimes. Text messages, emails, social media posts, and even GPS data can now be used as evidence in criminal trials. While digital evidence can help prove guilt or innocence, it also comes with challenges and concerns. Courts have to decide if electronic data is reliable, legally obtained, and relevant to the case.
What Counts as Digital Evidence?
Digital evidence includes almost anything stored or shared electronically. Some of the most common examples used in court include:
- Text messages and emails that show conversations between people involved in a case.
- Social media posts that contradict an alibi or place someone at a crime scene.
- GPS data and security footage that track a person’s movements.
- Audio or video recordings that law enforcement use to identify suspects.
When Is Digital Evidence Allowed in Court?
Not all digital evidence is automatically accepted in a trial. Courts in Georgia follow strict rules to decide if it can be used. Prosecutors must prove the following when it comes to the admissibility of this type of evidence:
- The evidence is relevant: It has to directly relate to the crime being investigated.
- The data is real and has not been changed: Digital files can be edited, so experts may be needed to confirm authenticity.
- Law enforcement obtained it legally: If police searched a phone or computer without a warrant, the evidence might be thrown out.
Problems With Digital Evidence
Even when digital evidence is allowed in court, it doesn’t always tell the full story. Some of the biggest concerns include:
- Fake or edited content: Screenshots and posts can be altered to create false evidence.
- Chain of custody issues: The court needs proof that the evidence was collected and stored properly before trial.
- Privacy concerns: Some digital data, like private messages, requires a warrant. If police get it illegally, it can’t be used.
We Can Help You Fight Back Against Unfair Digital Evidence
If you’re facing criminal charges, digital evidence may be used against you. However, an experienced attorney can challenge unreliable or illegally obtained data. Contact Morris & Dean, LLC, today for skilled legal defense in Georgia.