When you get your rights read to you after being arrested, the cops will tell you that everything that you say can be used against you. Maybe it’s time to update this warning and tell people that what they post can be used against them as well. Your social media posts can come up in a criminal trial. This is why you should consider hiring an experienced Astoria criminal defense lawyer who can prepare you for anything.
Yes, either side can use social media posts in court if they think it is going to bolster their case. Social media posts can be used to establish or discredit alibis. They can be used to show criminal connections. Sometimes they can even be evidence of wrongdoing all by themselves.
Social media posts could be used by the prosecution to back up their narrative, and that makes it more difficult for the jury to see you as innocent. There are also times when a single post out of context can look bad in light of the criminal charges against you. This can be hard to combat, so your social media could end up being a real liability depending on what kind of content you post.
Oh, but you don’t have to worry about this because your posts are not shared publicly. All of your settings ensure that posts are only shared with friends and family, the people who follow you.
This may work for hiding dubious social media posts from a potential employer or date, but it’s not really going to work in court. There may be other ways for a prosecutor to get access to your posts. Also, you may not be able to trust every single person who follows you to be discrete about what you share online. It just takes one person to leak a screenshot or video, and those privacy settings have done absolutely nothing for you.
So can you just go back and delete any incriminating posts? Maybe, but this often comes back to bite defendants. You cannot be sure what the prosecution and police have seen already. If social media posts that they have already seen start to disappear, that could make them look even more damning.
You also have to remember that these posts are considered evidence. Courts tend to have issues with anyone who tries to destroy evidence. Instead, let your attorney come up with a defense. We can argue that the posts are fabricated, that they aren’t from your account, or make any other argument that can help protect you from any accusations.
If you are facing serious criminal charges, you do not want to settle for just any defense attorney. Contact Vasiliou Law to learn more about what our law firm can do to assist you. The first consultation is free, so schedule an appointment with our team today.