Deepfakes Could Break Overworked, Underfunded Public Defenders

Resemble AI recorded 487 verified deepfake incidents in Q2 2025 and 2,031 in Q3 2025.

Judges have faced deepfake objections in cases including Huang v. Tesla and January 6 prosecutions.

In US v. Khalilian, the defense moved to exclude a voice recording as potentially deepfaked.

In a California housing dispute, a judge found a video exhibit to be AI-generated with a distorted synthetic witness and a monotone voice.

The federal judiciary has considered amending Rule 901 and proposing Rule 707 to govern AI evidence; the deepfake defense can challenge any digital evidence.