How Digital Evidence Shapes Criminal Defense in NJ

Technology plays an increasingly important role in modern life. Phones, apps, cars, and even home devices constantly collect and store information. While this technology often improves convenience and safety, it also creates a new type of evidence in criminal cases. Digital data is now one of the most powerful tools used by prosecutors—and one of the most contested areas for defense attorneys.

In New Jersey, criminal defense cases involving digital evidence raise complex legal questions about accuracy, reliability, and privacy rights. For defendants, understanding how digital evidence works and how it may be challenged is vital.

What Counts as Digital Evidence?

Digital evidence refers to any information stored or transmitted in electronic form that can be used in court. Examples include:

• Cell phone records, including call logs, texts, and app activity
• Social media posts and private messages
• GPS and location tracking data from phones or vehicles
• Surveillance and body camera footage
• Computer files and emails
• Metadata, which provides details like time, date, and location of file creation

Because technology is woven into daily routines, this evidence often becomes central to criminal cases.

Why Digital Evidence Is So Influential

Digital evidence can be persuasive to juries. Unlike eyewitness testimony, which may be flawed, digital records seem objective and factual. A timestamped text or a GPS log can appear to provide exact answers about what happened and when.

However, digital evidence is not foolproof. Devices can be hacked, files altered, and data taken out of context. Defense attorneys often emphasize these risks when challenging the prosecution’s case.

Legal Protections for Defendants

The U.S. Constitution, particularly the Fourth Amendment, protects individuals against unlawful searches and seizures. In New Jersey, this means law enforcement usually must obtain a valid warrant before accessing digital information. Courts closely examine whether:

• The warrant was supported by probable cause
• The search stayed within the scope of the warrant
• The data was collected in a way that respected privacy rights

If police overstep these boundaries, digital evidence may be excluded from court.

Common Problems With Digital Evidence

Several issues can arise when prosecutors rely heavily on technology:

• Authentication problems: Proving that the data truly came from the defendant’s device can be difficult, especially if others had access.
• Incomplete data: A single text or post may not reflect the full story.
• Technical errors: Software glitches or improper handling can corrupt files.
• Chain of custody concerns: Every step of data collection must be documented to prevent tampering.

When these issues exist, the credibility of the evidence may be challenged.

Examples of Digital Evidence in NJ Cases

• Text messages in drug cases: Prosecutors often cite texts as proof of intent to distribute. Defense attorneys may argue the texts are vague or belong to another person using the phone.
• GPS in theft cases: Location data may place a suspect near a crime scene, but experts can show that GPS tracking is not always precise.
• Social media in assault cases: Posts may be used to suggest motive or intent, though they may be sarcastic or misinterpreted.

These examples show why context and interpretation matter as much as the data itself.

Defense Strategies for Digital Evidence

Attorneys use several strategies to protect clients when digital evidence is central to the case:

• Challenging legality of searches: If evidence was obtained without a proper warrant, it can be suppressed.
• Questioning accuracy: Expert witnesses may testify that data is unreliable or incomplete.
• Highlighting alternative explanations: Shared devices, spoofed accounts, or mistaken identity may raise doubt.
• Pointing out chain of custody flaws: Any gap in documentation may weaken the prosecution’s case.

These strategies remind courts that technology, while powerful, is not infallible.

Why Expert Testimony Matters

Digital forensics experts play a crucial role in modern criminal defense. They can review how data was collected, determine whether evidence was altered, and explain technical flaws to the jury. Their insights often balance the weight of the prosecution’s technological claims.

Protecting Your Rights in New Jersey

For defendants, digital evidence can feel overwhelming. A phone log, online post, or GPS ping may appear impossible to dispute. But New Jersey law provides strong protections, and skilled defense attorneys know how to challenge improper or unreliable evidence.

Gregg A. Wisotsky, Esq., a partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, has decades of experience in criminal defense. He understands how technology shapes modern cases and works to ensure that digital evidence is used fairly and lawfully.

For a private consultation, call 973-898-0161 today.