How Social Media Can Damage Your Criminal Defense

Social media is a huge part of our lives, a way to connect, share and document. But when you’re facing criminal charges, what you post can hurt your case in ways you don’t even realize. Here’s why what you post online can be a problem and how a criminal defense attorney can help you navigate these risks.

Why Social Media Can Affect Your Case

Anything you post online can be used against you in a criminal defense case. Posts, photos and videos are there for everyone to see, including law enforcement and prosecutors. That means your social media activity can become evidence in your case.

A post that seems harmless can quickly be spun to look bad. Even if you delete something, it’s not always gone for good. Screenshots and cached pages mean past posts can still be dug up later and used against you.

How Your Posts Can Be Misinterpreted

Your social media activity can be misinterpreted and that can hurt your case. Even if you didn’t mean to say something incriminating, law enforcement or prosecutors can spin it and use it against you. For example:

• Innocent comments: A comment you meant as a joke can be taken as an admission.
• Sarcasm or humor: A sarcastic comment about the crime can be taken as evidence of intent.
• Tagging people: If you tag someone in a post, it can be taken as implying they were involved in the crime, even if that wasn’t your intention.

What you think is harmless can be harmful. Things can be misused and you need to understand how a little post can hurt your case.

What Not to Post

When you’re facing criminal charges, there are certain things you should not post on social media. These can directly harm your defense:

• Admissions of guilt: Don’t say anything that implies you were involved in the crime.
• Incriminating photos or videos: Anything that shows you committing a crime can be used as evidence against you.
• Personal opinions: Sharing your thoughts about the case, your arrest or the legal process can complicate things for your defense.

Things that contradict your case: Don’t post anything that goes against what your lawyer is saying in court. Even if you think it’s a harmless post, it can be used to discredit you and hurt your case.

Private Accounts Aren’t Totally Safe

A lot of people think that keeping their social media private means their posts are safe from prying eyes. Unfortunately, that’s not always the case. Law enforcement has ways to get into private accounts, and even if your account is private, your posts can still be shared or screenshotted by someone else. Once it’s out there, it’s out there.

Your lawyer can help you by telling you what to post – or if you should be posting at all.

Posting During a Trial

If you’re already on trial, posting on social media can make things worse. Prosecutors will be digging through your social media to find anything that can hurt your case. Here are some specific risks:

• Witness testimony: Someone else posting about your case can be used against you even if they’re not a party to the case.
• Influencing public opinion: Posting about your case while it’s ongoing can sway how the public sees the case, possibly affecting the jury.
• Tainting the jury pool: If your case is high-profile, your social media can be used to show you’re trying to influence the public’s view of the case.

Even if you’re trying to be helpful or clear things up, posting during a trial can hurt your defense. It’s best to just avoid it.

How a Criminal Defense Attorney Can Help

Your lawyer can guide you through how to handle your social media while your case is ongoing. Their job is to protect you and your rights and part of that is making sure nothing you post online comes back to haunt you.

• Advice on social media: They’ll tell you what you can post (if anything) and what to steer clear of.
• Protecting your social media records: They can keep your posts from being used against you, challenge any evidence the prosecution tries to introduce from your social media activity.
• Challenging evidence: If the prosecution tries to bring in social media posts as evidence, your lawyer can argue they don’t support the case or are irrelevant.

Get Guidance from Azhari LLC

Your lawyer can be your best friend in making sure your social media doesn’t hurt your defense. Are you facing criminal charges and want to make sure your social media isn’t hurting your case? Contact a criminal defense lawyer at Azhari LLC today.

FAQ

Can my social media posts be used in court?

Yes, anything you post online can be used as evidence even if you didn’t mean to.

What if I delete a post after the incident?

Even if you delete it, it’s probably still out there through screenshots or cached pages.

Should I keep my social media private during my case?

While making your accounts private is a good idea, it’s not foolproof. Best to just not post at all.

Can my lawyer help me with social media during my case?

Yes, your lawyer can tell you what to post (if anything) and protect your online presence from being used against you in court.

Can the prosecution use my friends’ or family’s posts against me?

Yes, anything your friends or family post about your case can be used against you, so tell them to be careful too.