Virginia defendants who find themselves in court may find themselves in recordings that are used to try to prove their guilt. The problem is that some of these recordings can be fakes, placing the defendant in jeopardy of being convicted on the basis of deepfakes. This is a growing problem as the technology behind deepfakes has improved.

Now, practically anyone can make their own fake evidence using someone’s real voice and image. In fact, all it takes is a laptop. Those with more advanced equipment can make fake recordings that are even more difficult to prove that they are false. Even prosecutors may end up being fooled by the quality of deepfakes, and they may try to introduce them into a trial as evidence. The problem is that, depending on the court, it may be difficult for a defense attorney to keep the evidence out of court.

The same problems may make it tough for a defendant to introduce a genuine exculpatory recording into evidence. Now that courts are suspicious of fake recordings, they may require that evidence is authenticated before it is introduced. Even if the video is real, a defense attorney may struggle to overcome the objections of the prosecutor. The unfortunate result is that confidence in the justice system is undermined because of the growing use of fake audio and video evidence.

A criminal defendant needs a criminal defense attorney to be able to scrutinize all of the evidence that the prosecution seeks to use against them. This evidence may be subject to an evidentiary hearing where the attorney may try to persuade the judge to suppress the evidence. In some cases, the entire defense will come down to whether an attorney is able to successfully object to the use of certain evidence against their client in court.