Could Social Media Posts Impact a Criminal Defense Case?

Could Social Media Posts Impact a Criminal Defense Case?

Social media has undeniably become a significant part of modern life – research estimates there are nearly 5.24 billion social media users in the world. Platforms like Instagram, Facebook, Twitter, and TikTok allow users to share thoughts, photos, and videos with just the tap of a screen. But what many people may overlook is the powerful role social media can play in the realm of legal proceedings, particularly in criminal defense cases.

For over 25 years at Lucido & Manzella, P.C., we’ve witnessed social media evidence’s ability to strengthen or undermine all kinds of different cases including domestic violence, drunk driving, and more. Our goal is to ensure this evidence works in your favor, not against you. In this post, we’ll break down everything you need to know about how social media impacts criminal defense cases, helping you navigate it wisely.

How Is Social Media Shaping the Outcome of Criminal Cases?

Social media content is increasingly being used as evidence in criminal cases, playing a pivotal role for both prosecutors and defense attorneys.

For example, prosecutors might use a public Snapchat photo to place a defendant at the scene of a crime, undermining their alibi. On the other hand, a defense lawyer could rely on a timeline of Twitter posts to cast doubt on the prosecution’s case, questioning the accuracy of their evidence.

This dual-sided nature of social media evidence highlights how these platforms can be both assets and liabilities in criminal defense cases.

What Can Be Used as Evidence?

Social media evidence can take many forms, including:

• Public Posts: Anything you post publicly on platforms like Facebook or Twitter can be used by prosecutors or defense attorneys to build their case.
• Private Messages: Despite being labeled “private,” messages on platforms like Instagram and direct chats on Facebook or WhatsApp can be subpoenaed in legal cases.  
• Photos and Videos: Multimedia that places you at a specific time or location or shows specific actions often comes under scrutiny.  
• Comments and Interactions: Interactions with others, such as arguments or affiliations, may be used to demonstrate intent, relationships, or connections that are critical in a case.  
• Deleted Posts: Posts that have been removed are not necessarily gone forever. Social media companies often store user data that can later be retrieved.  

Common Ways Your Social Media Can Be Used Against You

While social media evidence can sometimes benefit a case, it frequently creates challenges for defendants involved in criminal proceedings.

1. Direct Evidence

Sharing incriminating content, such as photos of illegal activity or boasting about a crime, can serve as direct evidence against you. For example, posting a video of reckless driving could turn a minor charge into a more serious accusation.  

2. Contradictory Statements

Posts that contradict claims or alibis made to law enforcement may damage a defendant’s credibility. A post time-stamped during the alleged incident could disprove an alibi or statement.  

3. Associations and Relationships

Relationships demonstrated via tagged photos, comments, or shared interactions can establish links to co-defendants or victims, which prosecutors might use to suggest complicity or motive.  

4. Behavior Reflecting Poor Character

Although unrelated to specific charges, inflammatory comments, threats, or offensive language on a social media profile may be used to portray a defendant in a negative light, potentially influencing a judge or jury.  

The Risks of Deleting Posts and Evidence Tampering

Deleting incriminating posts is often instinctive when facing criminal accusations. However, this can backfire significantly. Courts may interpret post-deletions as evidence tampering, which is a separate criminal offense.  

Not to mention, most social media platforms retain user data even after deletion, and this content can be sourced through subpoenas. Attempting to delete posts, therefore, does not ensure their permanent removal but instead raises legal concerns.  

Tips to Protect Yourself During Legal Proceedings

Learning how to manage your social media activity responsibly can make a significant difference, especially if you’re facing criminal charges. Below are some recommendations to help you stay protected:

1. Pause Posting Immediately

Refrain from posting anything new. Even harmless updates can be misinterpreted depending on the context.  

2. Adjust Privacy Settings

Strengthen your privacy settings to limit the audience for your posts. However, remember that “private” doesn’t mean the content is inaccessible to law enforcement or prosecutors.  

3. Monitor Mentions and Tags

Regularly check for mentions and photo tags. Other people’s posts about you can also be used as evidence.  

4. Audit Your Past Posts

Work with an attorney to conduct a careful review of your social media profile, identifying any content that might be damaging to your case.  

5. Avoid Talking About Your Case

Never discuss your case on social media, including in private messages. These discussions are not protected and can be subpoenaed.  

If you believe your social media activity may influence a criminal investigation or trial, seeking legal counsel is imperative. Criminal defense attorneys understand the intricacies of legal proceedings and how to manage the risks associated with digital evidence.  

Let Us Help You Navigate the Digital Age of Criminal Defense

Navigating a criminal case in the digital age is more complex than ever. Social media evidence, whether incriminating or exonerating, is a prominent force in today’s legal landscape. Missteps in how you manage your online presence can jeopardize your defense, so it’s essential to carefully consider your actions.  

If you’re facing criminal charges and are concerned about the role your social media posts could play, don’t face the legal battle alone. Lucido & Manzella, P.C. is here to provide experience guidance and representation tailored to your unique case. Contact us today – we’re ready to fight for you.