Challenges Of Social Media In Criminal Cases

The changing technology that we all enjoy today can be a blessing — and a curse. Almost everyone is on social media in some form, including Facebook, Twitter, Linked In, Instagram and others. Social media is helpful for presenting ideas to peers and for connecting with friends and family. However, social media is also a gold mine for evidence in many legal proceedings, including criminal. Prosecutors will review online content and social media in a criminal case, looking for images implicating a defendant, statements about an incident and connections with other possible defendants.

Not Everything Belongs On Social Media

Your social media posts — or even emails — are traceable and recoverable. So, be careful about what you post on social media and what you capture on your phone. A lawyer can advise you on some of the risks involved.

For example, if you are facing a weapon charge and you deny possessing an illegal firearm, but then later the prosecutor locates a picture of you online holding that weapon, then you have a problem. If you are facing a drug charge and deny using drugs but then later you tweet about using marijuana, you have a potential problem. If you are facing a theft charge and later sell related items online, you may have an issue.

Social media, phones, email have recoverable information. A prosecutor could use it against you. If you have been charged with a crime, be very careful about what you post online and the people you share information with. You do not want something to be used against you, even seemingly irrelevant information that might be misconstrued.

We Can Help You Avoid These Issues

In order to avoid some of these issues, hire an experienced attorney at Napier & Napier to protect your rights and counsel you on how to move forward. Call us at 585-672-7827 (toll free 866-531-2771) or use our online form to schedule a free consultation. We are located in Rochester and can assist clients throughout upstate New York.

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