The paper discusses the applications of the right to a fair trial concerning cyberspace, specifically digital evidence and digital forensics. The paper examines case laws and how they are affected by digital evidence. The evidence laws that the paper concludes would be affected by digital evidence are equality of arms based and presumption of innocence based rules. Another issue is that the evidence can be outside of a nation’s jurisdiction. The author concludes that, unless there is a shift in the government model, it is not possible to fully address the issue.