In today’s world, nearly every criminal case has some form of digital evidence. Emails, text messages, GPS data, surveillance footage, and even social media posts often become central to a prosecutor’s case. On the surface, digital evidence may seem airtight—it’s timestamped, recorded, and stored by machines rather than people. But the truth is far more complicated.
Digital evidence is fragile, prone to errors, and often open to misinterpretation. At Simmons Wagner, LLP, we understand these vulnerabilities and know how to challenge evidence that prosecutors present as “undeniable.”
Why Digital Evidence Isn’t Infallible
Unlike fingerprints or DNA, digital records are created and stored by software and hardware that are far from perfect. Some of the key reasons digital evidence can be unreliable include:
- Human error – Mistakes in collection, labeling, or interpretation can alter meaning.
- Data corruption – Files can be damaged or partially overwritten during transfer.
- System glitches – Software bugs or device malfunctions can generate false information.
- Tampering – Hackers or even investigators themselves can manipulate data.
In court, prosecutors often present digital evidence as fact. The reality? Without proper verification, the data may not accurately reflect what really happened.
The Chain of Custody Problem
One of the biggest weaknesses of digital evidence lies in its chain of custody. From the moment data is seized until it appears in court, it passes through multiple hands—police officers, forensic specialists, lab technicians, and attorneys. Each step creates opportunities for errors or alterations.
If the chain of custody is broken—say, by missing documentation or unexplained access—the reliability of that evidence can be called into question. A skilled defense team will carefully examine these records to identify weaknesses.
Metadata: Both a Tool and a Trap
Metadata—the “data about data”—is often used to prove when a file was created, accessed, or modified. But metadata is not always reliable:
- Time zones can be misconfigured.
- Devices may reset clocks automatically.
- Updates or system errors can alter timestamps without user action.
For example, a text message appearing to show a client in the wrong place at the wrong time may actually have been affected by a clock-setting issue. Exposing these flaws can weaken the prosecution’s case.
Common Types of Digital Evidence That Can Be Challenged
Not all digital evidence carries the same weight, and many forms are easier to dispute than prosecutors admit:
- GPS data – Can be inaccurate due to poor signal or technical errors.
- Social media posts – Accounts may be hacked, posts altered, or content taken out of context.
- Surveillance video – Angles, quality, and timestamps can distort what actually happened.
- Email and text messages – Messages may be incomplete, altered, or lack proper verification.
By focusing on these weaknesses, defense attorneys can create reasonable doubt about whether the evidence is trustworthy.
Expert Witnesses and Digital Forensics
In many cybercrime or fraud cases, expert testimony is key. Digital forensics specialists can:
- Reconstruct how data was collected and highlight errors.
- Explain how common technical problems could have altered results.
- Demonstrate how evidence may have been tampered with or manipulated.
At Simmons Wagner, LLP, we frequently collaborate with digital forensic experts to ensure no piece of evidence goes unchallenged.
Why Challenging Digital Evidence Matters
Digital evidence often feels overwhelming to jurors—it comes with technical jargon and the illusion of certainty. But challenging its reliability is essential because:
- Jurors may assume accuracy unless shown otherwise.
- A single flawed file can sway an entire case.
- Exposing weaknesses can force prosecutors to reconsider charges or negotiate better outcomes.
Our role as defense attorneys is to strip away the illusion of infallibility and show the human (and technical) flaws behind the evidence.
Protecting Your Rights in a Digital Age
The use of digital evidence will only continue to grow, making it more important than ever to have an attorney who understands both the law and technology. At Simmons Wagner, LLP, we combine our experience as former prosecutors with modern forensic strategies to challenge unreliable data and protect our clients’ rights.
If you are facing charges built on digital evidence, don’t assume the evidence is unshakable. Call (949) 439-5857 today to speak with Simmons Wagner, LLP. We’ll examine every byte of data, every chain of custody log, and every forensic report to make sure your defense is as strong as possible.