One of the main reasons for the popularity of social media is timely updates. It has made it easy for people to be connected with their friends and family and you can know what is happening in their lives at any given time. What many people might not know is social media can be used against you in a court of law. That is why it is important that you look for Long Island criminal defense lawyer if you’re involved in a criminal case as you want to make sure there are no loopholes with the defense.
You should be very careful with what you post on social media if you have an ongoing court case especially if it is a crime related.
How Social Media Could Be Used Against You in Court
Everything you post will be subject to scrutiny and the defense will always be looking for even the tiniest bit of detail to help with your case. A good criminal defense attorney will ensure that you’re not doing anything to jeopardize the case and that includes what you post on social networks. If you’re looking for an experienced attorney, you can always reach out to Mirsky Law Firm.
Posts on Social Media are Permissible as Evidence
If you think that your “private” posts can’t be used against in you a court of law, you have to think again. Nowadays, a judge will be more than willing to admit social media content as evidence in a case. There are circumstances where private social media messages can be obtained and be used as evidence. This due to the fact that the limitation of illegally obtained evidence is applicable for social media posts.
What this implies is that private messages exchanged via the popular social media sites like Facebook, WhatsApp, Instagram, and Twitter will be used as evidence as long as they have been discovered by a civilian and not law enforcement.
This is particularly true for personal injury cases. One might claim that an accident has led to serious injuries and he or she can’t move freely. This could be a big contrast to the pictures posted on social networks of the person smiling and going about the daily activities just like any other normal person. The images and posts could be used against you just to prove the extent of the injuries are not as severe as you claim.
Social Media and Criminal Defense
Even when it comes to criminal defense, the general idea still holds. You might be involved in a DUI case and yet you posted pictures hanging out in a nightclub before the incident happened. This is damning evidence that could be used against you. The same case applies to probation. Your social media posts could be used to prove that you’ve violated the terms of the probation. You will only be making things easier for law enforcement and prosecutors. Social media can seriously damage your argument in almost every situation.
Social Media Use
If you or a family member is involved in a criminal case, the best thing you can do is to avoid social media completely. This includes all social media sites, especially the popular ones because they’re easily accessible.
In addition to refraining from social media, you also need to make sure that your friends and family are careful about what they post especially if it involves you as it could lead to implications. You shouldn’t delete social media posts without contacting your lawyer as this could make the court suspicious of your actions.
Public Social Media Posts
It should be noted that public social media posts do not count as illegally obtained evidence. The prosecution will be doing nothing illegal when they go through your social media feed to look for evidence. This could also apply to photographs taken or published with someone else that could act as evidence for the case.
Deleting Your Social Media Posts
It will not be wise to delete your social media posts when you’re involved in a criminal case. There is a high chance that the prosecution might have gone through your social media and taken screenshots already and deleting the posts will only make things worse. A court might order a negative inference because of trying to interfere with evidence. This could have serious implications for your case. That is why it is crucial you get an attorney who will provide the necessary advice on how to handle your social media accordingly. A client has the right to adjust the privacy settings for the social media account but should not do anything further that could make the court suspicious.
In addition, you should not expect the encryption technology that is used by most modern social media sites is going to prevent people from accessing your content. There was a case in 2016 where the FBI tried to get a court order to compel Apple to help in unlocking an iPhone 5 which was suspected to be belonging to a terrorist. This means that authorities could still access your devices even if they’re password protected.
Everything you share on social media becomes part of the public record even if you don’t want it to be so. In order to help with your case, you need to:
Be selective with what you share: The rule of thumb is not to share anything that you wouldn’t be comfortable telling the public.
Check your internet security: Make sure that your online activity is not being tracked. You can use a VPN when accessing popular websites.
Looking for a Criminal Defense Attorney
It will be hard to maneuver the legal system if you’re not experienced in law. That is why you need to hire an experienced criminal attorney for your case. A criminal case can have serious consequences even if you’re the innocent party. A shoddy attorney will not get you the representation that you deserve. You can reach out to us for the best criminal defense attorney in town.
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