How AI Is Changing Criminal Investigations: Insights from 5 Defence Lawyers

Artificial intelligence is rapidly reshaping how criminal investigations are conducted. Law enforcement agencies now rely on AI-driven tools to analyze digital evidence, identify patterns, and accelerate decision-making. While these technologies can improve efficiency, they also introduce new concerns around accuracy, bias, and transparency. 

For criminal defence lawyers, this shift presents a new layer of complexity. Understanding not only the evidence, but also the technology behind it, has become essential. To explore how AI is influencing modern criminal investigations, we spoke with five experienced defence lawyers across Toronto and Brampton. 

The Reliability of AI-Driven Evidence 

Ahmad Karzai, a Toronto criminal lawyer with Karzai Law, notes that while artificial intelligence allows investigators to process large volumes of information quickly, it does not eliminate the need for careful analysis. AI systems can identify patterns in surveillance footage, communications, and data sets, but the conclusions they generate must still be tested. 

He explains that defence lawyers are increasingly required to examine how these systems arrive at their results. Questions about how algorithms are trained, what data they rely on, and whether they can produce false positives are becoming central to modern cases. In his view, the presence of AI does not strengthen evidence automatically—it simply changes the way that evidence must be evaluated. 

The Expanding Role of Digital Evidence 

Rupin Bal, a Brampton criminal lawyer with Rupin Bal Professional Corporation, has observed a significant increase in the use of AI to analyze digital communications and behavioural data. From text messages to location tracking, investigators now rely on tools that can organize and interpret large datasets in ways that were not previously possible. 

However, he emphasizes that data without context can be misleading. AI may identify patterns or connections, but those findings do not always reflect the full circumstances of a situation. For defence lawyers, this means ensuring that evidence is not viewed in isolation. Bal notes that a single message or data point may appear incriminating until it is placed within its proper context, highlighting the importance of a thorough and balanced analysis. 

Challenging AI-Enhanced Surveillance 

Akash Dhillon, a criminal lawyer in Brampton with A Dhillon Law, points to the growing use of AI in surveillance and image analysis as a key area of concern. Technologies that enhance video footage or assist in identifying individuals are becoming more common in investigations. 

He explains that while these tools can improve clarity, they also introduce questions about reliability. When AI is used to enhance an image or interpret visual data, it can alter how that evidence is perceived. Defence lawyers must therefore examine not only the final output, but also the process used to create it. Dhillon stresses that technology is not inherently objective, and that any system developed and trained by humans carries the potential for error or bias. 

The Risks of Over-Reliance on Technology 

Gurasish Pal Singh, a Brampton criminal lawyer with GPS Criminal Law Firm, believes that one of the greatest risks associated with AI in criminal investigations is over-reliance. While these tools can assist in identifying leads, they should not replace traditional investigative methods or critical thinking. 

He notes that there is a tendency to place undue confidence in technological outputs, particularly in areas such as facial recognition or predictive analysis. If an AI system produces an incorrect result, it can influence the direction of an entire investigation. Singh emphasizes that defence lawyers play a crucial role in questioning these assumptions and ensuring that conclusions are supported by reliable and verifiable evidence, rather than solely by algorithmic suggestions. 

Transparency and the Future of AI in Criminal Law 

Dalraj Bains, a Toronto criminal lawyer with Dalraj Bains Professional Corporation, highlights the broader implications of AI on fairness and transparency within the justice system. As technology becomes more integrated into investigations, understanding how decisions are made becomes increasingly important. 

He explains that some AI systems operate in ways that are not easily explained, creating challenges when those systems influence evidence or investigative conclusions. In criminal law, the ability to challenge and test evidence is fundamental. If the reasoning behind a piece of evidence cannot be clearly understood, it raises concerns about its reliability. Bains notes that as AI continues to evolve, the legal system will need to adapt to ensure that these technologies are used responsibly and transparently. 

Artificial intelligence is transforming criminal investigations in ways that were once unimaginable. While it offers powerful tools for analyzing evidence and uncovering patterns, it also introduces new risks that must be carefully managed. 

For criminal defence lawyers, the rise of AI reinforces the importance of scrutiny, context, and critical analysis. Every piece of evidence—regardless of how it is generated—must be examined to ensure that it meets the standards required in a court of law. 

As these technologies continue to develop, maintaining a balance between innovation and fairness will be essential to preserving the integrity of the justice system.