In today’s connected world, our lives leave a digital trail. From text messages and emails to social media posts and location check-ins, nearly every action can be recorded. When someone in St. Augustine is accused of a sex crime, this digital footprint often becomes a central part of the investigation and prosecution. Understanding how digital evidence is used in St. Johns County courtrooms is crucial for anyone facing these serious allegations.
This evidence can feel overwhelming and absolute, but it is rarely that simple. Messages can be taken out of context, data can be misinterpreted, and the evidence collection process may violate your constitutional rights. Navigating these complexities requires a thorough understanding of Florida’s evidence laws and a strategic defense.
What Is Digital Evidence in a Florida Criminal Case?
Digital evidence, also known as electronic evidence, is any information of probative value that is stored or transmitted in a digital form. In the context of a sex crime allegation, prosecutors in St. Johns County and across Florida will search for a wide range of data to build their case.
Common examples include:
- Text messages and messaging apps: Direct SMS messages and communications on apps like WhatsApp, Signal, or Telegram
- Social media and dating app activity: Public posts, private messages (DMs), photos, and communication logs on platforms like Facebook, Instagram, Tinder, or Hinge
- Emails and cloud storage data: Personal and work email correspondence, along with files saved on services like Google Drive or iCloud
- Geolocation data: GPS information from a smartphone, vehicle, or social media check-ins that can place a person at a specific location at a particular time
- Computer and phone files: Photos, videos, documents, and internet browser history stored on laptops, desktops, and mobile devices
The prosecution can use this data to try to establish a timeline of events, demonstrate intent, prove a relationship between parties, or corroborate a complainant’s story.
How Prosecutors Present Digital Evidence in Court
A prosecutor cannot simply show a jury a screenshot of a text message. For digital evidence to be used against you, it must first be ruled admissible by a judge. This process involves clearing several legal hurdles defined by the Florida Evidence Code.
First, the evidence must be authenticated. The prosecutor has the burden of proving the evidence is genuine. Under Florida Statute § 90.901, they must offer sufficient proof that the item is what they claim it is. For a text message, this could mean getting testimony from the person who received it or using forensic expert testimony to verify its origin.
Second, the evidence must be relevant. It must have a tendency to make a fact that is important to the case more or less probable. A prosecutor cannot introduce evidence just to paint you in a bad light; it must directly relate to the specific crime you are accused of.
Even if evidence is authentic and relevant, it can still be excluded. Under Florida Statute § 90.403, a judge can rule that the evidence’s value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury.
Building a Defense Against Digital Evidence
An effective criminal defense involves scrutinizing every piece of the prosecution’s evidence, and digital data is no exception. There are several powerful strategies we use to challenge the state’s digital case against our clients.
Challenging the Search and Seizure
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. Law enforcement generally needs a valid search warrant, based on probable cause, to search your phone, computer, or online accounts. If they obtained evidence without a proper warrant or outside the scope of that warrant, we can file a motion to suppress. If the motion is successful, the illegally obtained evidence is excluded from the trial and cannot be used against you.
Questioning Authenticity and Context
We can challenge whether the prosecution has truly proven that the evidence is authentic. Who really sent that message? Could the device have been used by someone else? Was the social media account hacked or the data altered? Raising these doubts can weaken the credibility of the state’s evidence.
More often, digital messages are presented without their full context. A sarcastic comment, an inside joke, or a single message from a long conversation can be twisted to sound incriminating. Our job is to present the whole picture to the court and jury to show the true meaning behind the communication.
Objecting Based on Hearsay and Other Rules
Many forms of digital communication are technically hearsay, which is an out-of-court statement offered to prove the truth of the matter asserted. While there are many exceptions to the hearsay rule, such as statements made by the defendant, a skilled defense attorney can often make successful objections to prevent certain damaging communications from being admitted into evidence.
Facing Allegations Involving Digital Evidence? We Can Help.
The presence of digital evidence in a St. Augustine sex crime case adds layers of complexity that demand an experienced legal response. From the moment you are under investigation, your digital trail is under a microscope. Understanding how to challenge its collection, authenticity, and interpretation is fundamental to a strong defense.
Our firm is dedicated to defending the accused in St. Johns, Putnam, Flagler, Duval, Clay, and Volusia counties. We have seen how prosecutors build cases using electronic data and know the effective strategies for taking them apart. If you are facing sex crime charges, the way this evidence is handled could define your future. Contact Shoemaker Law for a free, confidential consultation. Call us today at (904) 736-3387 to discuss your case.

