Can Deepfakes Convict You? Texas Criminal Defense Issues

 Posted on October 03, 2025 in Criminal Defense

Imagine being accused of a crime based solely on a video or audio clip that looks and sounds just like you – yet it is not. As artificial intelligence-generated "deepfakes" continue to increase, Texas courts are facing challenges as they determine what can be considered "reliable" evidence. Deepfakes blur the line between truth and fabrication, raising crucial questions regarding the rights of the accused.

Texas courts are only just beginning to grapple with the admissibility of "deepfake evidence" in criminal cases, such as AI-altered images, videos, and audio recordings. If you are a defendant facing criminal charges, it can be frightening to think that AI-generated media could potentially be used to convict you. Prosecutors may introduce manipulated content in criminal cases, resulting in issues of authentication under the Texas Rules of Evidence (Rule 901) colliding with cutting-edge technology.

Defense attorneys must have a comprehensive understanding of the issue of deepfakes to effectively challenge the reliability of digital evidence. There may also be chain of custody challenges and issues with expert testimony related to deepfakes. When what can be seen with one’s own eyes is not real, defense attorneys also face jury bias and witness credibility issues.

If you are charged with a criminal offense, your reputation, freedom, and future should not be destroyed by untested AI evidence. An experienced Houston, TX criminal defense lawyer from Murphy & McKinney Law Firm, P.C. is ready to help you through this difficult time by building a comprehensive defense on your behalf and fighting against deepfake evidence.

Understanding Deepfake Technology

In the context of a criminal trial, deepfake evidence is highly realistic, AI-generated or altered images, audio, or videos that misrepresent an individual saying or doing things he or she never did. Deepfake technology poses serious challenges in a criminal trial because it may have been used to fabricate evidence against the defendant.

Existing legal standards are simply insufficient for distinguishing deepfakes from real media. A deepfake may make it appear as though the defendant or witness said or did something incriminating or could create compromising or false material to discourage a witness from testifying.

The very presence of deepfake technology undermines genuine evidence, leading to authentic evidence being falsely labeled as deepfake. As deepfake evidence becomes increasingly indistinguishable from real evidence, juries and courts may lose confidence in any digital evidence.

How Can Deepfake "Evidence" Be Distinguished from Real Evidence During a Criminal Trial?

Distinguishing Deepfake evidence from real evidence requires a combination of strategies, including:

• Technical and forensic analysis, such as metadata analysis, that reveals origin, editing history, and potential manipulation.
• Specialized software that analyzes audio and video for signs of AI manipulation.
• Content provenance that embeds secure metadata to show origin and any changes made to digital files.
• Pixel and image analysis by experts  
• Corroborating evidence
• Well-documented chain of custody
• Expert testimony by forensic experts

Courts are currently struggling to determine whether current authenticity standards are too low for deepfakes, potentially allowing wrongful admission of false evidence. Defense attorneys cannot rely solely on technical tools; these tools must be combined with expert analysis and traditional methods to determine whether evidence is real. Early legal defense intervention is crucial, as is hiring an attorney experienced in deepfakes and digital evidence disputes.

Contact a Houston, TX Criminal Defense Lawyer

If you are facing criminal charges in Texas and suspect that AI-generated evidence could be used against you, you must act quickly. A highly skilled Houston violent crimes attorney from Murphy & McKinney Law Firm, P.C. has the experience and knowledge necessary to fight for your future. Attorney Murphy serves as President of the Harris County Criminal Lawyers Association. When facing criminal charges, you should never settle for less – your freedom depends on it. To schedule your initial attorney meeting, call 713-229-8333.