If you are either under investigation or you have been charged with criminal wrongdoing, it’s important to understand that social media activity can significantly impact the outcome of any criminal defendant’s case, including yours.
Scrolling defendants’ social media accounts for evidence has become an increasingly influential part of modern criminal investigations and legal proceedings in recent years. Therefore, you can’t be too careful. Even if you maximize your privacy settings, you can’t be sure that a law enforcement officer or prosecutor won’t find ways to use your activity against you. As a result, it’s a good idea to stay off social media until your case has resolved.
What is the big deal?
Social media platforms often serve as rich sources of evidence. Posts, messages, images and videos can potentially serve as incriminating or exculpatory information. Even if activity is seemingly innocent, it can potentially be misinterpreted to serve the prosecution’s case.
For example, a defendant’s social media history can be used to assess character, which may influence a jury’s perception negatively, if painted in a certain light. Prosecutors might present posts that suggest a tendency towards violence or illegal activities, painting a negative image of the defendant. As such, it’s important to avoid giving prosecutors any more “ammunition” to work with. Don’t vent on social media and don’t post anything that could make you look bad.
While social media can potentially provide evidence supporting a defendant’s innocence, such as location data or interactions that corroborate their account of events, favorable evidence cannot be created while a defendant is already under scrutiny. Therefore, if you feel that your social media activity can help you, alert your legal representation. But, for all the reasons listed above and more, you should otherwise stay off social media platforms at this time.
