Social media evidence can be used both ways in your criminal defense case. You may be able to use documentation from social media either as an alibi or to negate any element of the crime that the prosecutor is seeking to prove. On the other hand, the prosecutor may try to use your own words against you to prove your guilt. Therefore, you need to be extremely careful about what you post on social media when you are facing criminal charges, with silence usually being the best policy. Never do or say anything in your case without consulting with an criminal defense attorney. The criminal defense lawyers at Hogan Eickhoff can help you avoid mistakes that can harm your criminal defense.
Always Resist the Urge to Speak or Post About Your Case
No matter how much you may want to talk about your case or act to try to clear your name, it is an extremely poor idea to do so publicly. You should even be careful when speaking to anyone about your case in private. You never quite know when someone may be used as a witness against you.
A prosecutor has many ways to try to prove your alleged guilt. Witness testimony and physical evidence are two of the methods that they may use to prove their case. A prosecutor has numerous other sources of evidence at their disposal, and social media evidence can be one of them.
Social Media Posts Become Public As Soon as You Click Share
Once you post something online, it is in the public realm. You do not have any Fourth Amendment expectations of privacy when you have made a social media post. If something is out there in the public realm, it would not even be a search or seizure if the prosecutor tries to access it.
The prosecutor can even use social media evidence in many ways. One common method that the prosecutor will use is to gain access to your past posts to try to place you at or near the scene of an alleged crime. Your old social media posts often give clues about where you are and your state of mind around the time that a crime is alleged to have been committed. A prosecutor may try to use your posts about someone else as a sign of any conflict that may have led to an alleged assault. They could try to use posts where you may have displayed any wealth to show that you had ill-gotten assets after an alleged financial crime or robbery.
Never assume that a prosecutor is unable to access your old posts, even if you have deleted them. A prosecutor has practically limitless assets to build their own case should you choose to fight the charges against you. One step that the prosecutor may take is to hire a digital forensic expert. They may be able to find a way to access your old social media posts, even after they have been deleted. Assuming that the prosecutor can authenticate this evidence, it is fair game to use it against you in a trial.
The prosecutor may also subpoena evidence from a social media company. These businesses are often keen to help prosecutors when they receive a subpoena or a request for information. They do not want to be seen as blocking an investigation, which means that you cannot expect them to stand up and fight back when a prosecutor is seeking old posts. At the same time, your criminal defense attorney cannot expect the same level of help if you need anything from social media companies.
You could even face consequences for deleting old social media posts after you have been charged with a crime. Since these posts may be used as potential evidence, you may be accused of spoliation of evidence if you try to delete them. You could even be charged with evidence tampering. Even if you end up being acquitted of the primary charges against you, a conviction for evidence tampering can always bring its own independent jail sentence.
Social Media Evidence Can Also Help Exonerate You
At the same time, social media evidence can also be used in your favor to help you fight the charges against you. Your posts at the time that the crime was alleged to have been committed could shed light on your own thinking in a way that could negate the intent that the prosecutor needs to prove to have you convicted of a crime. Your social media posts can even form the basis of an alibi, which may place you in a different place from the one that you are alleged to be in when any crime was committed. However, nothing that you say after you have been charged or when the events are alleged to have occurred can actually help your case.
Silence is the best policy, especially after you learn that you are subject to an investigation. If you are thinking of saying something in the public realm, it is never worth it. Only speak to anyone on the advice of a criminal defense lawyer. At the same time, you should also alert your criminal defense attorney if you have made any posts in the past that may impact your case. The last thing that you want is for your attorney to be taken by surprise when the prosecutor shares evidence with them that they intend to use at trial.
Contact an Appleton Criminal Defense Lawyer Today
If you are facing criminal charges, what you do and say while your case is pending can harm your own defense. This is one of the many reasons why you need to contact a criminal defense attorney right after you have been charged with a crime. Reach out to the experienced criminal defense attorneys at Hogan Eickhoff today to schedule a free initial consultation. Contact us online or call us today at (920) 450-9800 to speak with a criminal defense lawyer.