Should You Post Information About Your Criminal Case on Social Media?
Many people actively use social media to talk about what’s going on in their lives. If you are one of those people, and you have a criminal case pending against you, you should be very cautious about what you post. Often, the best strategy is to avoid social media altogether, but if you can’t do that, you should know the risks you take by posting on social media while criminal charges are pending.
Prosecutors and Law Enforcement
Prosecutors and law enforcement know that social media platforms have a wealth of information that can be used as evidence in a criminal case. Videos, photos, posts, and messages offer evidence of activities, relationships, and a defendant’s state of mind.
If you have a pending criminal case, you should expect the prosecution to be monitoring your accounts and the accounts of your family and friends. They are looking for any evidence they may be able to use in your case. It’s not unusual for seemingly innocent posts to be misconstrued or mischaracterized and used to draw a negative conclusion. Information they find can be used in court, with limited exceptions.
Investigators can access your posts even if they are marked as private. They look at everything you post, like, share, or comment on to see if there is evidence that can be used in the case against you.
Incriminating Evidence
You can inadvertently post incriminating evidence on social media. Examples of how this can happen include posting a photo that shows items relating to the charge (like a stolen item) in the background, a photo of you during the time leading up to the event with incriminating evidence (like drinking alcohol right before a DUI stop), or a discussion with friends about activities relating to the charge.
Witness Identification and Credibility
Your social media posts may be used to identify potential witnesses to events relating to the charges. In addition, social media — yours or that of friends or family — may be inconsistent with statements you or a witness made in the case. In that instance, the posts or messages may be used by the prosecution to counter your statements in the case or those of a witness, which impeaches your credibility or that of the witness.
Influencing Public Opinion
If you discuss your case on social media, what you say may create a public impression about you and about the case. Posts and messages may influence potential jurors in your case and lead to bias against you.
Commenting about the justice system, the prosecution, judge, police, and other people involved in the case may create an impression that influences opinions about you and affect the outcome of your case.
Accounts of Friends and Family
Posts by family members and friends can create a problem in your case, just as your own activity can. You should ask family and friends to avoid discussing anything relating to your case or to the events relating to the charges.
While your case is pending, monitor the social media accounts of family and friends for information about you or the case, even if you are not posting yourself.
Deletions on Social Media
Trying to delete posts that might be incriminating can be viewed as an effort to destroy evidence, which can even result in additional criminal charges under some circumstances. It’s not a good idea to delete anything or ask friends and family to delete information they posted. If you think there are posts that are a problem, talk with your attorney about them immediately.
Tips for Navigating Social Media
The best approach to social media during a pending criminal case is to avoid posting anything at all. If you simply cannot stay away, be mindful about what you post. Avoid posts and discussions relating to your case and anything at all that could be considered inappropriate or give a negative impression about you.
Be careful about the people you communicate with. It’s best to avoid talking online to anyone else who is involved in the case.
Your lawyer likely will discuss social media with you early on during representation. Follow your lawyer’s advice, even if it is to avoid social media completely during your case. Your lawyer’s role is to provide you with the best possible counsel, representation, and defense in your case. The advice your lawyer gives you is designed to protect your rights. That includes challenging any inappropriate evidence from social media that the prosecutor may attempt to use, but you also can protect yourself in advance by avoiding social media activity that creates a problem in your case.
Talk With a Georgia Criminal Defense Lawyer
Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants facing all types of misdemeanor and felony criminal charges throughout northwest Georgia. If you are under investigation or are facing any criminal charge, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.