Can my social media be used as evidence during a criminal case?

Individuals who are arrested for an alleged crime must understand their legal rights. An arrest does not mean that you’re automatically guilty of a crime. Following an arrest, the prosecutor must determine whether to press charges against the accused. The prosecution is burdened with proving a criminal defendant’s guilt beyond a reasonable doubt. In the current digital age, information can easily be shared through the internet through social media platforms like Instagram, Facebook, TikTok, and Twitter. While social media platforms can help you keep in touch with your friends and family, your posts can be used as evidence against you during a criminal trial. However, there are numerous ways to safeguard yourself. Please continue reading to learn how social media posts impact a criminal case and how a competent Rockland County Criminal Defense Attorney can fight for you today. 

How can social media posts be used against you in court?

As mentioned above, the prosecutor is burdened with the responsibility of proving every element of your crime beyond a reasonable doubt. They will use as much evidence as possible to get a conviction. Federal and state laws require that social media companies provide them with different forms of information when investigators or a prosecutor request it. This means the prosecution can obtain data from social media posts like pictures and messages and use them as evidence against you.

How can I prevent prosecutors from using my posts against me in court?

It may seem obvious, but limiting your posts is the most effective way to prevent the prosecution from using your social media against you. It’s crucial to be extremely cautious about what you post online. If you engage in any activities that could be interpreted as questionable or illegal, you should refrain from posting about them, even if you mean it in a humorouss way. This is because such posts can be misconstrued and harm your character. Therefore, you should use discretion when it comes to using social media.

Furthermore, you should think twice about who you associate with on social media. If you share posts with individuals who are known gang members or drug dealers, it can raise eyebrows, putting a target on your back. Even though you may have your accounts set to private, prosecutors can still gain access to your posts. That said, you should never joke about participating in any illegal activity.

As you can see, there are ways to prevent the prosecution from using your posts as evidence against you in court. If you’re facing criminal charges, contacting a skilled Rockland County criminal defense attorney from the Law Office of Carl Spector is in your best interest. We are prepared to help defend your rights and interests.