Personal Injury, Criminal Law, Traffic Violations, and Family Law & Divorce

Can digital evidence benefit your criminal defense?

On Behalf of | Sep 4, 2023 | Theft & Property Crimes

When charged with a serious crime like theft or robbery, you can be sure the prosecution is doing everything possible to gather evidence implicating you. Traditionally, that means collecting fingerprints or biological matter proving your involvement in a crime.

Today, however, digital evidence also plays a role in helping prosecutors obtain a conviction. Contrary to common belief, such evidence could benefit the defense side in a criminal case.

Below are two types of digital evidence to ask your defense representative about in your case.

1. GPS data

Were you on the other side of town when the alleged crime occurred? If so, your legal team could use the data from a GPS device to corroborate your claim. For example, it can provide technical verification of your whereabouts during the window of time when the offense took place.

Fortunately, most newer vehicles come equipped with navigational devices, meaning you may already have such evidence in hand.

2. Surveillance footage

Another possible way to demonstrate you could not have committed the crime is by obtaining video recordings showing you elsewhere. Two sources to consider are commercial surveillance footage and traffic light cameras.

Home security systems that use video surveillance may also be a good source of evidence for your criminal defense.

Another consideration

Digital evidence is still a relative newcomer in the realm of criminal law. That means Maryland courts typically scrutinize such evidence closely to ensure it is authentic, original and unaltered.

In cases where the defense has little or no digital evidence, it may help to look closely at that presented by prosecutors. Your representative may have grounds to challenge the evidence and improve your criminal defense.