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Challenging software as evidence in New Jersey

On Behalf of | Jan 28, 2022 | Criminal Defense

Getting charged with a criminal offense is particularly intimidating when you have limited defense options. The prosecution might include criminal evidence in the form of software, which can be difficult to refute. The good news is that you can challenge digital evidence and boost your chances of getting a desirable outcome.

How people use the software as evidence

One common way that prosecutors use the software as criminal evidence is by showing criminal intent. For instance, if someone gets charged with copyright infringement, the prosecutor might have screen captures of that person’s computer showing their BitTorrent download history and use the evidence to prove criminal intent.

Another way that software evidence gets presented in criminal cases is by using a computer program to analyze data. For example, a prosecutor might use software to find all the images on a computer that are above a certain size. This could be used as evidence of an offense like child pornography possession.

Computer programs have flaws

It’s important to understand that computer programs are not perfect. They’re only as good as the people who write them, and they can get manipulated to produce false results or skewed data.

One way that criminal defense attorneys might challenge software evidence is by pointing out flaws in the program itself, like bugs in a coding system. Another method of challenging this kind of criminal evidence is by cross-examining the person who created the program. This can reveal errors or bias in their work.

It is possible to challenge criminal evidence

It’s possible to defend yourself against criminal charges by challenging digital evidence. For example, if you can show that the software contains flaws or that the data got misinterpreted, you might be able to get the charges against you reduced or dropped.

When it comes to criminal cases, software evidence is becoming an increasingly important factor. By knowing how this kind of evidence is typically used and what defenses are available to you, you can put yourself in a better position to fight your charges.