How Deepfake Evidence is Changing Illinois Criminal Cases

 Posted on August 15, 2025 in Criminal Law

The continuing rise of artificial intelligence has brought some troubling new challenges to criminal courts. Deepfake evidence consists of realistic but AI-generated audio, video, or images, and these images can depict someone saying or doing something they did not do. While AI technology has legitimate, even helpful uses, it continues to surface in criminal cases either as a tool to shift blame or fabricate alibis or as alleged evidence against a defendant.

Can deepfake material be absolutely authenticated? Can juries differentiate between a genuine recording and a sophisticated AI fake? How can miscarriages of justice be prevented, and what safeguards are necessary? Deepfake evidence is rapidly evolving, presenting significant legal challenges. Consulting with a knowledgeable Oakbrook Terrace, IL criminal defense lawyer can help you understand the strategies defense attorneys use to protect their clients.  

How Deepfake "Evidence" is Entering Illinois Courtrooms and How the Judicial System Must Respond

There is no absolutely foolproof way at this moment to classify text, audio, video, or images as authentic or AI-generated. This means that judges will need to establish best practices for dealing with evidentiary issues caused by AI-generated deepfakes. Computer-generated visualizations, digitally enhanced evidence, crime scene layouts, and accident reconstructions are just a few examples of how AI is being misused in court cases. Trial courts must ask the following questions:

• Where did the evidence come from?
• Is there a clear chain of custody for the evidence?
• Can metadata supporting the authenticity of the digital file be provided?
• Can other reliable data confirm the authenticity of the evidence?
• Has the evidence been securely stored?
• What methods were used to verify the integrity of the evidence?
• Has the evidence been converted to a different format, edited, or altered in any way since its creation?
• Is there a qualified expert who can explain the processes used to verify the digital evidence?

What the Federal Courts Are Doing to Guard Against Deepfake Evidence?

Federal courts are considering creating a new Rule 901 (c) in the Federal Rules of Evidence that would require the proponent of any evidence that could possibly be AI deepfakes to provide evidence to the court that it is more likely than not that the evidence is authentic.

Similar policies are underway in Texas, California, and New York. Another potential solution in both federal and state courts is changing professional ethics rules to place a heightened burden on attorneys to refrain from submitting any deepfake evidence in court. Several bills are currently under consideration in the Illinois legislature to address deepfake technology, especially its use in elections, courtrooms, and the potential creation of inappropriate content.

The future of criminal trials in the era of deepfakes is uncertain. There is the potential for a significant increase in pretrial hearings regarding evidence authenticity. It is expected that there will be substantial growth in the area of specialized forensic experts who can testify to the authenticity of evidence submitted in court. Deepfake evidence is a serious problem that can potentially convict the innocent and allow the guilty to go free, and requires serious answers to the situation.   

Contact a Chicago, IL Criminal Defense Lawyer

If you are facing criminal charges with evidence that is not authentic, it can be frustrating and frightening. Consulting with a Rolling Meadows, IL felony crimes attorney from Hartsfield Law can help you understand how AI deepfakes can be successfully countered.

Attorney Hartsfield has a very diverse background that benefits his clients. He represented indigent defendants for the Will County Public Defender’s Office. He was an educator for the City Colleges of Chicago, where he taught courses to pretrial detainees at the Cook County Department of Corrections. To schedule your free consultation, call 312-345-1700.