Mounting a Canyon State criminal defense can be a stressful time for the defendant and their loved ones. If you are in this boat, do not turn to social media for comfort or justice. Resist the programming that has us running to social media with our private thoughts, feelings, and information.
Social media data is admissible in court. Therefore anything you share (or previously shared) on social media can and will be used against you in a court of law. It is best to assume that nothing you post on the internet is private regardless of the security settings or measures you have taken to protect your data.
Social media exists to increase interactions and form new connections amongst individuals. As such, any information you post on these apps is as private as any pinned to the public notice board at your community center. When undergoing any criminal defense (or court proceeding), you are well-advised to shun social media until the conclusion of your case for the reasons detailed below.
Why Social Media is a Goldmine for Prosecutors and Law Enforcement
The prosecutor in your criminal case has every right to scour your social media page for relevant information. A search warrant is not needed to examine your social media apps because you posted your information up without a legitimate expectation of privacy. That is to say, you allowed the entire world to view whatever you posted on your social media profile. Therefore you will not be permitted to deny the same privilege to your prosecutor.
So precisely how can your social media be used against you in your criminal case? The more straightforward question is, how can’t it be used against you. All the information posted on your pages can be gathered and used to mischaracterize an individual capable of committing such a criminal offense as alleged.
Posts of you excessively or irresponsibly consuming alcohol or other legal intoxicants can portray you as unstable. Posts demonstrating you were participating in violent acts, sending threatening messages, or associating with known felons can negatively impact your case. Prosecutors also zero in on any previous and current interactions with the alleged victim or co-conspirators.
State of Mind
Proving that you were in a blameworthy state of mind, i.e., one capable of forming the intent to commit the crime alleged, is a big part of the prosecution’s job. Social media posts often ask about our state of mind even when we do not categorically share it in our posts. Prosecutors can go through your social media profiles to isolate your posts when you allegedly committed the crime.
For example, where an employee is fired from a job and then proceeds to troll their employer online, they are likely to be questioned if the work premises are vandalized or robbed. Their posts will supply evidence about their disgruntled state of mind, which formed the necessary motive and intention to commit the crime.
Location Tagging
Also known as geotagging, location tagging is a prominent feature of the majority of social media apps. When you make a post, depending on your settings, the application automatically attaches a public location marker to your post. You need to know that your social media app knows when and where you were in a particular posting, irrespective of your settings.
If public, law enforcement, or prosecution officers will copy your location information on your public page. If your data is not accessible to everyone, law enforcement obtains a search warrant that compels social media companies to grant access to your information. For example, suppose you have a restraining order. In that case, social media can easily prove that you consistently visit the exact locations as the protected party and give evidence for the otherwise tough to prove stalking cases.
Right to be Forgotten
If this article has you tempted to delete specific social media posts or do away with your accounts altogether, do not; this could be used as evidence against you too. Unfortunately, the right to be forgotten – a hotly contested digital right – is not yet a law. Anything you have ever posted on social media remains there for eternity, essentially denying you the right to be forgotten.
The prosecutors will retrieve the posts (or entire accounts) you attempted to delete and use them to cast a credible shadow of guilt over you. The jury will note your shady attempt to destroy evidence, whether or not it was a smoking gun. Impressions are important in court cases, so do not give the jury further reason to be suspicious of you.
In general, when mounting a criminal defense, sign off of all your accounts until the case is complete.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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