Digital evidence can play a key role in the defence of many criminal charges.
While some charges relate directly to the use of a digital device by an accused, many criminal lawyers build defences around inconsistencies in the evidence of the complainant or another witness.
Digital evidence can cast doubt on the version of events put forth by the complainant or other witnesses and assist the criminal lawyer in establishing reasonable doubt.
Communications, such as text messages, emails, in-app messages and call logs, can be valuable evidence of the true nature of communications between the parties.
Images and videos may contain embedded metadata, such as GPS location information, that could be important evidence in many cases.
In criminal law cases, digital forensics may specifically assist with charges such as:
- criminal invasion of privacy (spying, hacking and other unauthorized access to a digital device);
- harassment; and