Are you facing criminal charges and wondering what to do about social media? If you’re active on platforms like Facebook, Twitter, Instagram, or even Discord, it’s wise to refrain from interacting. Even when the content you’re posting seems harmless, it could end up hurting your case.
Although social media has become a standard part of everyday life, and it’s hard to disconnect, here are the top three reasons you should abandon social media if you’re facing criminal charges.
1. Your lawyer tells you to stop posting
When your criminal defense attorney tells you to stop posting on social media, it’s wise to heed their advice. They’re not trying to silence you or make you stop expressing yourself – they’re trying to save you from what could be a disaster.
Attorneys spend enough time in the courtroom to know exactly what the prosecution is going to try to use against their clients. This almost always includes social media posts when they’re available.
If your social media posts are publicly accessible, the prosecution can effortlessly get screenshots of everything. If anything can be used against you, it will be presented during your case.
If your lawyer has advised you against social media activity, follow their advice before it’s too late.
2. All posts can be used against you
Anything you post to social media can be used against you. It doesn’t matter if it’s old, even by a decade, everything is fair game for the prosecution. For instance, your old posts and photos can be used to establish that you have a long-term drug habit, even if the only time you ever tried a particular drug was in the one photo you posted ten years ago. If you posted photos posing with drugs that you’ve never actually tried – just to look cool – that can be used against you, too.
To prevent your posts from being used against you easily, lock down your accounts on every platform and make them private. Turn your posts friends-only and if you need to, cull your friends’ list and keep only the people you know aren’t going to cause problems for you.
When you’re locking down your accounts, remember not to delete any posts, photos, or comments. If you delete anything on social media and it can be proven, you could be accused of destroying evidence.
When your posts are public, everything is freely available. Don’t make it easy. Make your accounts private and force the prosecution to get a subpoena for your account. Their request may not even be granted. And even if it’s granted, it will take some work to make your posts admissible in court.
3. Posts can be misinterpreted
Your posts can be misinterpreted by the prosecution. If you posted something cryptic, an incomplete thought, or an inside joke, and the context isn’t abundantly clear, it might look like you’re talking about your legal situation.
For instance, say you’re facing manslaughter charges after hitting someone with your car. If you post an inside joke about getting drunk or a cryptic memory of driving recklessly, that kind of content can be misinterpreted to be about the person you killed.
Remember that anyone on the outside of your life reading your social media posts won’t know your inside jokes or anything about your life in order to determine the context of your messages. It’s not worth risking your case outcome just to poke around on social media.
A more serious example is the case of a teen who killed four people in a drunk driving accident in 2013. He was given probation but was required not to drink alcohol or do drugs. His friends posted a video of him drinking alcohol on social media, and when the video was provided to the court, his probation was revoked, and he was sentenced to 720 days in jail. A DUI is a serious offense, and your sentencing can be revoked.
Just as you should avoid posting on social media, ask your friends to refrain from taking photos of you, posting photos of you, and tagging you in posts. The ideal solution is to just lay low and don’t hang out with anyone until your case has been completed.
Social media can wait – your case outcome is a priority
Hopefully, you’ve been speaking with your attorney about everything, including social media. If so, they’ve likely already advised you to stay off all your accounts and lock them down to friends-only.
Don’t risk damaging your case just because you can’t break the habit of checking and posting on social media. Prioritize getting your best case outcome because you’ll only get one chance.