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How Social Media Can Affect Criminal Law Cases
lemaster • July 2, 2018
How Social Media Can Affect Criminal Law Cases
If you’re charged with criminal law
violations, arresting officers will warn anything you say can be used in court. This disclaimer applies beyond what happens in the police station. Anything you say leading up to the trial—including social media—is fair game. Keep the following cautions in mind to prevent damaging your case with poor online discretion.
How Prosecutors Use Social Media in Criminal Law Trials
No Social Media Is Considered Private
Courts have ruled internet posts are public information and can be used as evidence. Even if you set posts to “private” or “friends only,” investigators and prosecutors might obtain access and use them to support their cases.
Posts Can Be Used to Support the State’s Case
In the investigative and discovery periods of a criminal law case, police and prosecutors often gather supporting evidence from social media. They can use it to corroborate a witness or discount a suspect's statements. They may also find evidence of intent to commit a crime, which can lead to additional charges.
Check-ins and online photo metadata could place you near the scene of a crime or provide evidence that will weaken your defense. For example, a lawyer may have a harder time fighting a 2 a.m. DUI arrest when a prosecutor introduces a photo showing the suspect in a bar at 1:00 a.m. on the date in question.
Social Media Can Be a Poor Character Witness
If you post on social media about your activities, prosecutors may use what you share to paint an unfavorable portrait or make you seem irresponsible. Even content others tag you in can discredit your character. Be mindful of posting anything about your case until its conclusion
If you have been arrested, stay off social media and call a qualified criminal law attorney. With more than a hundred years of combined practice experience, the lawyers at Watts and Pepicelli, P.C.
in Meadville, PA, offer wise legal advice and strong advocacy. Their additional practice areas include personal injury, civil litigation, and property law. Visit their website
to learn more about the firm. Call (814) 336-4000 to schedule a confidential consultation.
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