According to the United States Department of Justice's publication "The Guide for Law Enforcement and Prosecutors," "​the collection of digital evidence in criminal cases is governed at the Federal and State levels by numerous constitutional and statutory provisions..." Several laws have been put into place throughout history to limit the unlawful collection of evidence.

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The most common law known about regarding these searches is the Stored Communications Provisions of the Electronic Communications Privacy Act. This act was used to put the process of  obtaining and delivering a subpoena in place. This document may be used to compel individuals and organizations to disclose information in detail. This document is formally issued by the court.  This type of information is known as retrieved communications. 

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Unretrieved communication is a term more commonly known as search warrants. With this warrant, officials are able to obtain information such as e-mails, voice mails, and text messages. However, as the collection of digital evidence continues to increase, laws will continue to change. 

 

In this stage of digital evidence, problems begin to arise. While legally using this evidence in a case, the person who obtained the evidence must also maintain integrity. The prosecution in the case must prove that the evidence being used is true and accurately being represented. Integrity is the main reason in which this process occurs. Both making sure that the evidence is admissible and has persuasive value are important especially when digital evidence is being used.    

 

The data must go through extensive processes before it is able to be used in a trial. The ability of a prosecutor to obtain credible and reliable evidence is key to the allowance of the evidence in the courtroom.  As stated in the "Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors" publication "A well-documented case is much more likely to result in a guilty plea, saving valuable prosecutorial and court resources." 

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Although it is important to build up a case for the prosecution within the courtroom obligations fall upon this party to disclosure any evidence to the defense. In addition, defense attorneys may also want to take some of the prosecutor's evidence in order for it to be analyzed by their examiner. 

When finally reaching the last stage in the process of digital evidence, many things can go wrong. "First, legal issues concerning the admissibility of digital evidence will nearly always arise." Although the purpose of preparation before trial is to dismiss any of these problems that may come up, admissibility is an unavoidable issue. Making the lack of credibility and reliability less, is more easily done when there is no gap in understanding between the lead prosecutor and the jurors. This is why the opening statement "should be crafted to introduce the jury to terminology and types of digital evidence that many be presented during the trial."  

 

Throughout the litigation process, the audience must remain well informed. "Although it is important to bring an audience up to a minimum level of competency or understanding, do not attempt to make them experts." Digital evidence over all other evidence often requires determination by the prosecutor and the ability to dismiss any type of evidence that could cause a sense of reasonable doubt in the mind of the jury. If these doubts can be ruled out it makes a prosecutor's case that much easier to win." For examples, "although the digital evidence may show that a crime was committed from the defen­dant’s computer, the prosecution may need to directly connect the defendant to that computer." This will help to prove credibility and make a case stronger.

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To bring an end to the case, the prosecution must close with general reminders or a main point to leave in the jury's mind as they make their decision.  

Due to the lack of understanding of digital evidence in court cases today, it is important that all aspects of the evidence are addressed. When preparing the evidence to bring to trial the most important "...point is that the presentation of digital evidence requires familiarity with specialized, evolving, and sometimes complex technology." This is required by both parties in the courtroom in order to ensure that digital evidence being used is reliable and admissible. Therefore, prior to trial the learning experience about these technologies is crucial for investigators and prosecutors related to the case. Types of cases involving this special type of evidence can be seen as a challenge to the prosecution however, by forming a team consisting of "...the prosecutor, lead investigator, and the examiner," issues can be avoided. 

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Everyone involved in the case plays an important role in developing and preparing the digital evidence for the courtroom. However, the prosecutor plays an important role in the hearings prior to the court date. In order to make sure that all information is understood and will present no type of obstacle for the jurors the prosecutor must do four specific things. The key points that need to be discussed includes;