internet

Facing criminal charges? Under investigation? All experienced criminal defense attorneys will tell you how influential social media platforms – facebook, twitter, Instagram, snapchat – are for the outcome of your case. Everyone needs to know how very public an online conversation, an update, a photo, or a video are and any and all can be used against them in a legal issue.

Pictures and videos can prove an illegal activity occurred even down to the second it happened. Most people believe that posts are private, but it is no guarantee. So called friends can and often DO screenshot or share the post. Furthermore, these social media platforms share any information to law enforcement when under investigation. 80% of law enforcement have used social media for evidence.

While anything you post can be used as evidence, as a criminal defense attorney, some of the more common examples seen making its way into courtrooms include:

  • Descriptions and announcements of behavior
  • Descriptions or photos of drug use or paraphernalia
  • Statements or images that place you at a given location that compromises mitigating alibi evidence
  • Information that may show or support the argument that your actions were premeditated, or thought-out beforehand.
  • Images or descriptions that implicate you in more serious crimes or illegal activity

Never believe that deleting potentially incriminating posts will make you safe. It’s 2016, and nothing you ever put on social media is truly private. Completely bleaching out anything you have posted on the internet is almost impossible. There is no easy way around this, as you give these platforms explicit permission to hold data you post when you agree to all those policies whenever you click “OK”. Also, intentionally deleting anything shows only that you have destroyed important evidence which leads to harsher penalties.

The Bottom Line: Watch what you post. We all love sharing our good times, bad times and everything in between, but a picture of you drinking at a party, then a picture an hour later of you behind the wheel is awesome evidence for the prosecutor and hard, but not impossible, to discount in court. Remember anything you say, even online, can and will be used against you. Put my number in your phone and call me: 513-260-2099