How to Challenge Digital Evidence Being Used Against You in a St. Lucie County Grand Theft Case

In today's digital age, prosecutors increasingly rely on electronic evidence to build grand theft cases. If you’ve been arrested for this crime in Port St. Lucie, Fort Pierce, or other cities in St. Lucie County, the evidence against you most likely includes digital evidence. 

However, you should not assume you’ll automatically be convicted if the prosecution has digital evidence like surveillance video or text messages in your criminal case. Our experienced grand theft defense lawyers at the Law Offices of Robert David Malove can challenge its admissibility and credibility as part of an aggressive defense strategy to fight the charges you face. We may also be able to use digital as well as other evidence to defend you.

What Are the Types of Digital Evidence Used in St. Lucie County Grand Theft Cases?

Digital evidence comes in many forms. Each has its own strengths and weaknesses. Some of the most common types used in St. Lucie County grand theft cases include:

• Surveillance video. The police could obtain security camera footage that can capture a theft or the accused taking other actions associated with the theft.  
• Text messages and phone calls. Prosecutors may use text messages and phone call records to establish intent, coordination, or admissions of guilt. 
• Receipts. Digital receipts from online purchases or in-store transactions can be used to demonstrate possession of stolen goods or tools used in the grand theft. 
• GPS data. Location data from mobile devices or vehicle navigation systems can place a defendant at the scene of a crime. 
• Browser history. Police officers frequently search a suspect's online activity, including searches related to the alleged crime or visits to sites selling stolen goods, to establish intent and opportunity. 
• Social media activity. Prosecutors and the police will search a defendant’s posts, messages, and photos on social media platforms to track their movements, associations, and even admissions of guilt. 

How Prosecutors Use Digital Evidence in Grand Theft Cases

Prosecutors in St. Lucie County, including Port St. Lucie and Fort Pierce, often rely on digital evidence to build a compelling case proving a suspect committed grand theft under Florida Statute § 812.014. They may use this evidence in your criminal case to:

• Establish opportunity and intent. Location data from cellphones, GPS devices, and browser history showing related searches can place you near the crime scene and suggest your intent to commit the theft.
• Construct a timeline. By piecing together digital evidence from various sources, investigators can create a detailed timeline of the events surrounding the alleged grand theft, from the planning stages to the actual execution of the crime.
• Connect you to stolen property. If stolen items are sold online or purchased with a stolen credit card, digital transaction records can tie you directly to the ill-gotten goods, making it difficult to claim ignorance or non-involvement.

How Can You Challenge the Admissibility of Digital Evidence If You’re Charged With Grand Theft in St. Lucie County?

While digital evidence can be a powerful tool for prosecutors, it is not infallible or always admissible in court. Our knowledgeable grand theft defense lawyers can challenge the admissibility and credibility of this evidence to protect your rights and fight for the best possible outcome in your case. Here are some arguments we may use: 

• Authenticity. The prosecution must prove that the digital evidence is genuine and has not been altered. If the chain of custody is unclear or the police manipulated the evidence, our attorneys can argue that it should not be admissible. 
• Relevance. The evidence must be relevant to the charges you face. If the connection between the digital evidence and the alleged grand theft is weak, we may convince the judge to exclude it as evidence against you. 
• Reliability. The methods used to collect and analyze digital evidence must be reliable and scientifically sound. If the tools or techniques are questionable, the evidence may be challenged. In addition, if surveillance images or photos are grainy, show obstructed views, or don’t have timestamps, our legal team can question a video's or photo’s reliability. 
• Constitutional violations. If the digital evidence was obtained through an illegal search or seizure, it may be suppressed under the Fourth Amendment. Similarly, it may be excluded if the evidence was gathered in violation of your Fifth Amendment rights against self-incrimination.

Compelling Ways Our Grand Theft Defense Lawyers Can Use Digital Evidence in Your Defense

While prosecutors often use digital evidence to build a case against you, it can also be a powerful tool in your defense. Our skilled grand theft defense lawyers can use digital evidence to:

• Establish an alibi. GPS data from your phone or vehicle can show that you were not at the scene of the alleged theft when it occurred. Timestamps on photos, videos, or social media posts can also corroborate your whereabouts.
• Demonstrate lack of intent. Text messages, emails, or online records can show that you had permission to use or possess the allegedly stolen item, negating the intent element of the crime.
• Impeach a witness’s credibility. If a witness's testimony contradicts their own or other digital records, such as videos, text messages, or social media posts, our attorneys can use this evidence to undermine their credibility. We can also question how reliable their testimony and observations are if their videos and photos are of poor quality, or they had an obstructed view of the crime scene or you.
• Provide context. Digital evidence can fill in gaps or provide context that casts doubt on the prosecution's case. For example, surveillance video from a different angle or timeframe may show that the alleged theft was a misunderstanding or accident.
• Support your affirmative defenses. We can use digital records to strengthen affirmative defenses such as entrapment, duress, or necessity. For instance, text messages showing that you were threatened or coerced into committing the grand theft can support a duress defense.

Remember, you don't have to face the immense challenge of defending against grand theft charges alone. With the Law Offices of Robert David Malove in your corner, you'll have a tireless advocate dedicated to achieving the best possible resolution to your grand theft case.