Are you navigating a criminal charge in Colorado? Be cautious about your social media presence. What you post or comment, images you share, and videos you upload across platforms like Instagram, TikTok, Facebook, Twitter, etc., can be turned against you in court.
Yes, investigators, police, prosecutors, and sometimes the public will delve deep into your social media history looking for evidence to bolster their case.
Is Social Media Evidence Admissible in Court?
Yes, your social media posts can typically be used as evidence in trial. Any data gathered from your online accounts could be used to portray you in a bad light and persuade the jury of your alleged capacity to commit the offense.
The evidence has to be relevant, though. A post complaining about your spouse may not be relevant in a theft case, but it may have evidentiary value in a domestic violence charge.
The Impact of Social Media on Your Defense
As your defense team, our duty is to protect your best interests. This becomes a challenging task if certain types of information surface from your social media accounts. Posts that may negatively influence your defense include:
- Postings, comments, or messages illustrating a propensity for violent behavior.
- Posts demonstrating excessive alcohol consumption or drug use.
- Negative content about others involved in the case, such as a spouse, partner, ex-partner, etc.
- Images, videos, or other content showcasing illicit activities or weapons.
- Communication with known criminals.
- Threatening remarks directed at someone else through any messaging platform.
Is a Private Account Safe?
Despite the perception of privacy, even a “private” social media account isn’t completely safe. Any electronic data you’ve posted can potentially be unearthed and used against you in court. It’s crucial to avoid discussing your case or any related details via social media, text, email, or phone.
Secret Communications Are Not Privileged
The only people you should speak with about your case is your criminal defense team. Even conversations with your spouse, mother, or doctor can be used against you in some criminal cases. Limiting your audience on Facebook or sending a private message on Snapchat does not mean that your words are safe.
An experienced criminal defense attorney knows how to make sure that every conversation you have with your defense team falls under attorney-client privilege and can’t be used against you in any court proceeding. This also goes for information you share with the people your defense attorney hires, like an investigator or paralegal.
Does Deleting Posts Guarantee Safety?
Regrettably, once something is posted online, it’s nearly impossible to completely erase it. Even deleted content can often be recovered. Plus, deleting certain posts might give an impression that you’re attempting to hide or destroy evidence, thereby adding to the perception of guilt.
Why Your Defense Attorney Wants to Know Your Socials
Your defense attorney will inquire about your social media activities and any potentially harmful posts. It’s crucial to be honest, so your defense team can strategize how to counter any harmful information the prosecution might uncover.
It’s often recommended to deactivate your social media accounts for the duration of the investigation or court proceedings. Deactivating is different than deleting.
The Role of Social Media in Criminal Cases
Social media can impact any criminal case. For instance, if you’re charged with DUI and there are pictures of you with alcohol on the night of your arrest, the prosecution could use this to strengthen their case.
Need a Free Consultation?
If you’re recently arrested, accused, or under investigation in Colorado, don’t hesitate to contact us at Path Forward Legal Team. Our dedicated team, with years of experience defending clients’ rights, is ready to stand by your side. Reach out to us today for a free case evaluation.
A seasoned defense attorney from our team can help turn your challenges into a fair chance for success in the courtroom.
